STATE OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

DE~ RICK SNYDER 

GOVERNOR 

August 9, 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 18 

Prevention of Significant Deterioration (PSD) of Air Quality Rules 

Pursuant to Section 110 of the federal Clean Air Act, the Michigan Department of 

Environmental Quality (MDEQ) is submitting the promulgated revisions to "Part 18. 

Prevention of Significant Deterioration of Air Quality" rules for United States 

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

Michigan SIP. 

Revisions have been made to the following Michigan Air Pollution Control Rules 

promulgated under Part 55, Air Pollution Control, of the Natural Resources and 

Environmental Protection Act, 1994 PA 451, as amended: R 336.2801 Definitions, 

R 336.2803 Ambient air increments, R 336.2809 Exemptions, and R 336.2816 Sources 

impacting federal class I areas; additional requirements. 

The MDEQ is submitting revisions toR 336.2801, R 336.2803, and R 336.2816 for 

inclusion in the Michigan SIP. These revisions are designed to satisfy federal 

requirements for a PSD program. 

R 336.2809 addresses Significant Monitoring Concentrations (SMC) established under 

40 CFR 51.166 (i)(5)(i)(c) and 40 CFR 52.21(i)(5)(i)(c), which were vacated by the 

Washington, DC, Circuit Court on January 22, 2013, after changes to Michigan's 

Part 18 rules were promulgated. Because of this, the MDEQ is also submitting 

R 336.2809 for inclusion in the Michigan SIP with the exception of the language in 

R 336.2809(5)(a)(iii) that refers to fine particulates (PM2.5) as it was added to address 

SMC. We request that this language in R 336.2809 be ignored. 

The revisions to these rules were adopted to comply with revisions to federal 

requirements 40 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 PM2.5 and 2008 Lead National Ambient Air Quality Standards 

and supplement Michigan's infrastructure submittals of August 24, 2011, and 

April 3, 2012. 

CONSTITUTION HALL • 525 Vv'EST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 

www.mlchJgan.gov/deq • (800) 662-9278 
Dr. Susan Hedman 

Page 2 

August 9, 2013 

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

of these rule revisions and for their submittal for approval to the Michigan SIP. The 

submittal consists of one hard copy of the required documentation. An electronic 

version of the submittal in PDF format, identical to the hard copy, has been sent to 

Mr. Andy Chang at the USEPA, Region 5 office. To assist with your review of the SIP 

submission, a list of supporting documents is attached. 

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. 

Attachments 

Dan Wyant 

Director 

517-373-791 

cc/att: Mr. Andy Chang, USEPA, Region 5 

Mr. Jim Sygo, Deputy Director, MDEQ 

Mr. G. Vinson Hellwig, MDEQ 

Ms. Mary Maupin, MDEQ 
DE~ 

ii.i. 

DAN WYANT 

DIRECTOR 

REVISION TO 

STATE OF MICHIGAN 

STATE IMPLEMENTATION PLAN · 

FOR 

PART 18. PREVENTION OF SIGNIFICANT 

DETERIORATION (PSD) OF AIR QUALITY 

R 336.2801, R 336.2803, R 336.2809 and R 336.2816 

August9,2013 

Prepared by: 

Michigan Department of Environmental Qua lily 

Air Qualily Division 

P. 0. Box 30260 

Lansing, Ml 48909-7760 

INTERNET: http:llwww.michiqan.gov/deqair 
TABLE OF CONTENTS 

COMPLETENESS REVIEW 

Completeness Review Checklist 

ATTACHMENTS 

Attachment A 

Attachment 8 

Attachment C 

Attachment D 

Attachment E 

Attachment F 

Attachment G 

Final form of adopted rule(s), Part 18, 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 

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 18 

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 EPA 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 Part 18 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 18, that 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 reg1,1lation 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 submltli!l 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 18, 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 18 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 EPA, 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 18 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. 

No public comments were received by the MDEQ. The USEPA comments and Michigan's response 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 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY 

Filed with the Secretary of State on November 30, 20 12 

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 Part 55, Air Pollution 

Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 

324.550 I to 324.5542) 

R 336.2801, R 336.2803, R 336.2809 and R 336.2816 of the Michigan Administrative Code 

are amended to read as follows: 

R 336.280 I Definitions. 

Rule 180 I. The following definitions apply to terms used in this pa1t. If a term defined in 

this part is also defined elsewhere in the rules, then the definition contained here applies for 

this part only. 

(a) "Actual emissions" means the actual rate of emissions of a regulated new source review 

pollutant Jiom an emissions unit, as determined under R 336.110 !(b), except that this 

definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a plantwide applicability limit under R 336.2823. Instead, the 

terms "projected actual emissions" and "baseline actual emissions" shall apply for those 

purposes. 

(b) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated 

new source review pollutant, as determined by the following: 

(i) For any existing electric utility steam generating unit, baseline actual emissions means 

the average rate, in tons per year, at which the unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or operator within the 5-year period 

immediately preceding when the owner or operator begins actual construction of the project. 

The department shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. All ofthe following provisions apply: 

(A) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with stmtups, shutdowns, and malfimctions. 

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions 

that occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period. 

(C) For a regulated new source review pollutant, if a project involves multiple emissions 

units, then only I consecutive 24-month period shall be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period 

may be used for each regulated new source review pollutant. 
(D) The average rate shall not be based on any consecutive 24-month period for which 

there is inadequate information for determining annual emissions, in tons per year, and for 

adjusting this amount if required by paragraph (i)(B) of this subdivision. 

(ii) For an existing emissions unit, other than an electric utility steam generating unit, 

baseline actual emissions means the average rate, in tons per year, at which the emissions 

unit actually emitted the pollutant during any consecutive 24-month period selected by the 

owner or operator within the 10-year period immediately preceding either the date the owner 

or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required by R 336.1201, whichever is 

earlier, except that the 10-year period shall not include any period earlier than November 15, 

1990. All of the following provisions apply: 

(A) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions. 

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions 

that occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period. 

(C) The average rate shall be adjusted downward to exclude emissions that would have 

exceeded an emission limitation with which the major stationary source must currently 

comply, had such major stationary source been required to comply with such limitations 

during the consecutive 24-month period. However, if an emission limitation is part of a 

maximum achievable control technology standard that the United States environmental 

protection agency proposed or promulgated under 40 C.F.R. part 63, then the baseline actual 

emissions need only be adjusted if the state has taken credit for such emissions reductions in 

an attainment demonstration or maintenance plan submitted to the U.S. environmental 

protection agency. The provisions of 40 C.F.R. part 63 are adopted by reference in R 

336.2801a. 

(D) For a regulated new source review pollutant, if a project involves multiple emissions 

units, then only 1 consecutive 24-month period shall be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period 

may be used for each regulated new source review pollutant. 

(E) The average rate shall not be based on any consecutive 24-month period for which 

there is inadequate information for determining annual emissions, in tons per year, and for 

adjusting this amount if required by subparagraphs (B) and (C) of this paragraph. 

(iii) For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result from the initial construction and operation of such unit 

shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 

(iv) For a plantwide applicability limit for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating units under paragraph (i) of 

this subdivision, for other existing emissions units under paragraph (ii) of this subdivision, 

and for a new emissions unit under paragraph (iii) of this subdivision. 

(c) "Baseline area" means all of the following: 

(i) Any intrastate area, and every part thereof, designated as attainment or unclassifiable 

under section 107(d)(1) (D) or (E) of the clean air act in which the major source or major 

modification establishing the minor source baseline date would construct or would have an 

annual average air quality impact equal to or greater than 1 microgram per cubic meter for 

sulfur dioxide, oxides of nitrogen, or PM-1 0, or 0.3 microgram per cubic meter for PM 2.5 of 

the pollutant for which the tninor source baseline date is established. 
(ii) Area redesignations under section I 07( d)(!) (D) or (E) of the clean air act shall not 

intersect or be smaller than the area of impact of any major stationary source or major 

modification which does either of the following: 

(A) Establishes a minor source baseline date. 

(B) Is subject to PSD regulations or new source review for major sources in nonattainment 

areas regulations. 

(iii) Any baseline area established originally for the total suspended particulates increments 

shall remain in effect and shall apply for purposes of determining the amount of available 

PM-I 0 increments, except that the baseline area shall not remain in effect if the depmiment 

rescinds the corresponding minor source baseline date under subdivision (bb)(iv) of this rule. 

(d) "Baseline concentration" means the value derived using the following procedures: 

(i) The ambient concentration level that exists in the baseline area at the time of the 

applicable minor source baseline date. A baseline concentration is determined for each 

pollutant for which a minor source baseline date is established and shall include both of the 

following: 

(A) The aetna! emissions representative of sources in existence on the applicable minor 

source baseline date. 

(B) The allowable emissions of major stationary sources that cmmnenced construction 

before the major source baseline date, but were not in operation by the applicable minor 

source baseline date. 

(ii) The following shall not be included in the baseline concentration and shall affect the 

applicable maximum allowable increase: 

(A) Actual emissions from any major stationary source on which construction commenced 

after the major source baseline date. 

(B) Actual emissions increases and decreases at any stationary source occurring after the 

minor source baseline date. 

(e) "Begin actual construction" means, in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but 

are not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. "A change in method of 

operation" refers to those on-site activities, other than preparatory activities, which mark the 

initiation of the change. 

(f) "Best available control technology" or "BACT" means an emissions limitation, 

including a visible emissions standard, based on the maximum degree of reduction for each 

regulated new source review pollutant, which would be emitted from any proposed major 

stationary source or major modification which the department -- on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and other costs --

determines is achievable for such source or modification through application of production 

processes or available methods, systems, and techniques, including fuel cleaning or treatment 

or innovative fuel combination techniques for control of the pollutant. Application of best 

available control technology shall not result in emissions of any pollutant which would 

exceed the emissions allowed by any applicable standard under 40 C.F .R. parts 60 and 61, 

adopted by reference in R 336.2801a. If the department determines that technological or 

economic limitations on the application of measurement methodology to a pa11icular 

emissions unit would make the imposition of an emissions standard infeasible, then a design, 

equipment, work practice, operational standard or combination thereof, may be prescribed 

instead to satisfY the requirement for the application of best available control technology. The 
standard shall, to the degree possible, set forth the em1sswns reduction achievable by 

implementation of the design, equipment, work practice or operation, and shall provide for 

compliance by means which achieve equivalent results. 

(g) "Building, structure, facility, or installation" means all of the pollutant-emitting 

activities which belong to the same industrial grouping, are located on l or more contiguous 

or adjacent properties, and are under the control of the same person, or persons under 

common control, except the activities of any vessel. Pollutant-emitting activities are part of 

the same industrial grouping if they have the same 2-digit major group code associated with 

their primary activity. Major group codes and primary activities are described in the standard 

industrial classification manual, 1987. For assistance in converting north American 

industrial classification system codes to standard industrial classification codes see 

http://www.census.gov/epcd/naics02/. 

(h) "Clean coal technology" means any technology, including technologies applied at the 

precombustion, combustion, or post-combustion stage, at a new or existing facility which 

will achieve significant reductions in air emissions of sulfhr dioxide or oxides of nitrogen 

associated with the utilization of coal in the generation of electricity, or process steam which 

was not in widespread use as ofNovember 15, 1990. 

(i) "Clean coal technology demonstration project" means a project using funds appropriated 

under the heading "Department of Energy-- Clean Coal Technology," up to a total amount of 

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects 

funded through appropriations for the United States Environmental Protection Agency. The 

federal contribution for a qualifying project shall be at least 20% of the total cost of the 

demonstration project. 

G) [Reserved] 

(k) "Cmmnence," as applied to construction of a major stationary source or major 

modification, means that the owner or operator has all necessary preconstruction approvals or 

permits and has done either of the following: 

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time. 

(ii) Entered into binding agreements or contractual obligations, which cannot be canceled 

or modified without substantial loss to the owner or operator, to unde11ake a program of 

actual construction of the source to be completed within a reasonable time. 

(!) "Complete" means, in reference to an application for a permit, that the application 

contains all the information necessary for processing the application. Designating an 

application complete for purposes of permit processing does not preclude the department 

from requesting or accepting additional information. 

(m) "Construction" means any physical change or change in the method of operation, 

including fabrication, erection, installation, demolition, or modification of an emissions unit, 

that would result in a change in emissions. 

(n) "Continuous emissions monitoring system" or "CEMS" means all of the equipment that 

may be required to meet the data acquisition and availability requirements of these rules, to 

sample, condition if applicable, analyze, and provide a record of emissions on a continuous 

basis. 

( o) "Continuous emissions rate monitoring system" or "CERMS" means the total 

equipment required for the determination and recording of the pollutant mass emissions rate 

in terms of mass per unit of time. 
(p) "Continuous parameter monitoring system" or "CPMS" means all of the equipment 

necessaty to meet the data acquisition and availability requirements of these rules, to monitor 

process and control device operational parameters (for example, control device secondaty 

voltages and electric currents) and other information (for example, gas flow rate, oxygen or 

carbon dioxide concentrations), and to record average operational parameter value or values 

on a continuous basis. 

(q) "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for supplying more than 1/3 of its potential electric output capacity and more 

than 25 megawatt electrical output to any utility power distribution system for sale. Steam 

supplied to a steam distribution system for providing steam to a steam-electric generator that 

would produce electrical energy for sale is also considered in determining the electrical 

energy output capacity of the affected facility. 

(r) "Emissions unit" means any patt of a stationary source that emits or would have the 

potential to emit any regulated new source review pollutant and includes an electric utility 

steam generating unit. Both of the following are types of emissions units: 

(i) A new emissions unit is any emissions unit that is, or will be, newly constructed and that 

has existed for less than 2 years from the date the emissions unit first operated. 

(ii) An existing emissions unit is any emissions unit that does not meet the definition of a 

new emissions unit. A replacement unit is an existing emissions unit and no creditable 

emission reductions shall be generated from shutting down the existing emissions unit that is 

replaced. A replacement unit shall meet all of the following criteria: 

(A) The emissions unit is a reconstructed unit if the replacement of components of an 

existing facility is to such an extent that the fixed capital cost ofthe new components exceeds 

50% of the fixed capital cost that would be required to construct a comparable entirely new 

facility or the emissions unit completely takes the place of an existing emissions unit. 

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions 

unit. 

(C) The replacement does not alter the basic design parameters of the process unit. 

(D) The replaced emissions unit is permanently removed from the major stationary source, 

otherwise permanently disabled, or permanently barred fi·om operation by a permit that is 

enforceable as a practical matter. If the replaced emissions unit is brought back into 

operation, it shall constitute a new emissions unit. 

(s) "Federal land manager" means, with respect to any lands in the United States, the 

secretary of the department with authority over such lands. 

(t) "High terrain" means an area having an elevation 900 feet or more above the base of the 

stack of a source. 

(u) "Hydrocarbon combustion flare" means either a flare used to comply with an applicable 

new source performance standard or maximum achievable control technology standard, 

including uses of flares during startup, shutdown, or malfunction permitted under such a 

standard, or a flare that serves to control emissions of waste streams comprised 

predominately of hydrocarbons and containing not more than 230 milligrams per dry 

standard cubic meter hydrogen sulfide. 

(v) "Indian reservation" means any federally recognized reservation established by treaty, 

agreement, executive order, or act of congress. 

(w) "Indian governing body" means the governing body of any tribe, band, or group of 

Indians subject to the jurisdiction of the United States and recognized by the United States as 

possessing power of self-government. 
(x) "Innovative control technology" means any system of air pollution control that has not 

been adequately demonstrated in practice, but may have a substantial likelihood of achieving 

greater continuous emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts. 

(y) "Low terrain" means any area other than high terrain. 

(z) "Lowest achievable emission rate" or "LAER", for any source, means the more 

stringent rate of emissions based on R 336.1112(f). 

(aa) "Major modification" means any of the following: 

(i) Physical change in or change in the method of operation of a major stationary source 

that would result in both of the following: 

(A) A significant emissions increase of a regulated new source review pollutant. 

(B) A significant net emissions increase of that pollutant from the major stationary somce. 

(ii) A significant emissions increase from any emissions units or net emissions increase at a 

major stationary source that is significant for volatile organic compounds or oxides of 

nitrogen shall be considered significant for ozone. 

(iii) Physical change or change in the method of operation shall not include any of the 

following: 

(A) Routine maintenance, repair, and replacement. 

(B) Use of an alternative fuel or raw material by reason of any order under section 2(a) and 

(b) of the Energy Supply and Environmental Coordination Act of 1974 or by reason of a 

natural gas curtaihnent plan under the Federal Power Act. 

(C) Use of an alternative fuel by reason of an order or rule under section 125 of the clean 

air act. 

(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is 

generated from municipal solid waste. 

(E) Use of an alternative fuel or raw material by a stationary source which meets either of 

the following: 

(1) The source was capable of accommodating before Jam1my 6, 197 5, unless such change 

would be prohibited under any federally enforceable permit condition which was established 

after Janumy 6, 1975, under PSD regulations orR 336.1201 (1)(a). 

(2) T11e source is approved to use under any permit issued under PSD regulations or under 

R 336.1201(J)(a). 

(F) An increase in the hours of operation or in the production rate, unless the change would 

be prohibited under any federally enforceable permit condition which was established after 

January 6, 1975, under PSD regulations orR 336.1201(l)(a). 

(G) Any change in ownership at a stationary source. 

(H) [Reserved] 

(I) The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with both of the following: 

(1) The state implementation plan. 

(2) Other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after the project is terminated. 

(J) The installation or operation of a permanent clean coal technology demonstration 

project that constitutes repowering, provided that the project does not result in an increase in 

the potential to emit of any regulated pollutant emitted by the unit. This exemption shall 

apply on a pollutant-by-pollutant basis. 
(K) The reactivation of a very clean coal-fired electric utility steam generating unit. 

(iv) This definition shall not apply with respect to a particular regulated new source review 

pollutant when the major stationary source is complying with the requirements for an actuals 

PAL for that pollutant. Instead, the definition of PAL major modification in R 336.2823 shall 

apply. 

(bb) All of the following apply to major and minor source baseline dates: 

(i) "Major source baseline date" means all of the following: 

(A) January 6, 1975, for particulate matter and sulfur dioxide. 

(B) February 8, I 988, for nitrogen dioxide. 

(C) October 20,2010 for PM 2.5 

(ii) "Minor source baseline date" means the earliest date after the h·igger date on which a 

major stationary source or a major modification subject to PSD regulations submits a 

complete application under the relevant regulations. The trigger date is all of the following: 

(A) August 7, I 977, for particulate matter and sulfur dioxide. 

(B) February 8, 1988, for nitrogen dioxide. 

(C) October 20, 20 I I for PM 2.5 

(iii) The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if both of the following occur: 

(A) The area in which the proposed source or modification would constmct is designated as 

attainment or unclassifiable under section 107(d)(i) (D) or (E) of the clean air act for the 

pollutant on the date of its complete application under R 336.1201 and PSD regulations. 

(B) If a major stationary source, the pollutant would be emitted in significant amounts, or, 

if a major modification, there would be a significant net emissions increase of the pollutant. 

(iv) Any minor source baseline date established originally for the total suspended 

particulates increments shall remain in effect and shall apply for determining the amount of 

available PM-I 0 increments, except that the department may rescind any minor source 

baseline date where it can be shown, to the satisfaction of the depatiment, that the emissions 

increase from the major stationary source, or the net emissions increase from the major 

modification, responsible for triggering that date did not result in a significant amount of 

PM-10 emissions. 

(cc) "Major stationary source" means any of the following: 

(i) Any of the following stationmy sources of air pollutants which emit, or has the potential 

to emit, I 00 tons per year or more of a regulated new source review pollutant: 

(A) Fossil fuel-fu·ed steam electric plants of more than 250 million British thermal units per 

hour heat input. 

(B) Coal cleaning plants with thermal dtyers. 

(C) Kraft pulp mills. 

(D) Portland cement plants. 

(E) Primary zinc smelters. 

(F) Iron and steel mill plants. 

(G) Primary aluminum ore reduction plants. 

(H) Primary copper smelters. 

(I) Municipal incinerators capable of charging more than250 tons of refuse per day. 

(J) Hydrofluoric, sulfuric, and nitric acid plants. 

(K) Petroleum refineries. 

(L) Lime plants. 

(M) Phosphate rock processing plants. 
(N) Coke oven batteries. 

(0) Sulfur recovery plants. 

(P) Carbon black plants (furnace process). 

(Q) Primary lead smelters. 

(R) Fuel conversion plants. 

(S) Sintering plants. 

(T) Secondary metal production plants. 

(U) Chemical process plants. The term chemical process plant shall not include ethanol 

production facilities that produce ethanol by natural fermentation included in N01ih 

American Industrial Classification System codes 325193 or 312140. 

(V) Fossil fuel boilers, or combinations thereof, totaling more than 250 million British 

thermal units per hour heat input. 

(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels. 

(X) Taconite ore processing plants. 

(Y) Glass fiber processing plants. 

(Z) Charcoal production plants. 

(ii) Any stationary source not listed in the previous subdivision which emits, or has the 

potential to emit, 250 tons per year or more of a regulated new source review pollutant. 

(iii) Any physical change that would occur at a stationary source not otherwise qualifYing 

under subdivision ( cc) of this subrule, as a major stationary source if the change would 

constitute a major stationary source by itself. 

(iv) A major source that is major for volatile organic compounds or oxides of nitrogen shall 

be considered major for ozone. 

(v) The fugitive emissions of a stationary source shall not be included in determining, for 

any of the purposes of this rule, whether it is a major stationary source, unless the source 

belongs to 1 of the categories of stationary sources listed is paragraph (i) of this subdivision. 

( dd) "Necessary preconstruction approvals or permits" means a permit issued under R 

336.1201 (1 )(a) that is required by R 336.280 I toR 336.2819, R 336.2823, and R 336.2830 or 

R 336.1220. 

(ee) "Net emissions increase" means all of the following: 

(i) For any regulated new source review pollutant emitted by a major stationary source, the 

amount by which the sum ofthe following exceeds zero: · 

(A) The increase in emissions from a pmiicular physical change or change in the method of 

operation at a stationary source as calculated under R 336.2802(4). 

(B) Any other increases and decreases in actual emissions at the major stationary source 

that are contemporaneous with the particular change and are otherwise creditable. Baseline 

actual emissions for calculating increases and decreases under this paragraph shall be 

determined as provided in the definition of baseline actual emissions, except that paragraphs 

(b)(i)(C) and (b)(ii)(D) of this rule shall not apply. 

(ii) An increase or decrease in actual emissions is contemporaneous with the increase from 

the pmiicular change only if it occurs between the following: 

(A) The date 5 years before construction on the particular change commences. 

(B) The date that the increase from the particular change occurs. 

(iii) An increase or decrease in actual emissions is creditable only if the department has not 

relied on it in issuing a permit under R 336.1201(l)(a) orR 336.1214a, which permit is in 

effect when the increase in actual emissions from the particular change occurs. 
(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or 

oxides of nitrogen that occurs before the applicable minor source baseline date is creditable 

only if it is required in calculating the amount of maximum allowable increases remaining 

available. 

(v) An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

(vi) A decrease in actual emissions is creditable only to the extent that it meets all of the 

following criteria: 

(A) The old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions. 

(B) It is enforceable as a practical matter at and after the time that actual constmction on 

the particular change begins. 

(C) It has approximately the same qualitative significance for public health and welfare as 

that attributed to the increase fi·om the patiicular change. 

(vii) An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. A replacement unit that requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed 180 days. 

(viii) The definition of actual emissions in R 336.110 I (b) shall not apply for determining 

creditable increases and decreases after a change, instead the definitions of the terms 

"projected actual emissions" and "baseline emissions" shall be used. 

(ff) [Reserved] 

(gg) "Pollution prevention" means any activity that through process changes, product 

reformulation or redesign, or substitution of less polluting raw materials, eliminates or 

reduces the release of air pollutants, including fugitive emissions, and other pollutants to the 

environment before recycling, treatment, or disposal. Pollution prevention does not mean 

recycling, other than certain "in-process recycling" practices, energy recovery, treatment, or 

disposal. 

(!ill) "Potential to emit" means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. A physical or operational limitation on 

the capacity of the source to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation or the effect it would have on 

emissions is legally enforceable and enforceable as a practical matter by the state, local air 

pollution control agency, or United States environmental protection agency. Secondary 

emissions do not count in detetmining the potential to emit of a stationary source. 

(ii) "Predictive emissions monitoring system" or "PEMS" means all of the equipment 

necessary to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow 

rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emissions 

rate (for example, pounds per hour) on a continuous basis. 

(jj) "Prevention of significant deterioration" or "PSD" program means the major source 

preconstruction permit program required by 40 C.F.R. §52.21, adopted by reference in R 

336.280la, orR 336.2801 toR 336.2819, R 336.2823 and R 336.2830. A permit issued 

under this program is a major NSR permit. 

(kk) "Project" means a physical change in, or change in method of operation of, an existing 

major stationary source. 
(II) "Projected actual emissions" means all of the following: 

(i) The maximum annual rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated new source review pollutant in any 1 of the 5 years ( 12-month 

period) following the date the unit resumes regular operation after the project, or in any 1 of 

the 10 years following that date, if the project involves increasing the emissions unit's design 

capacity or its potential to emit that regulated new source review pollutant, and full 

utilization of the unit would result in a significant emissions increase, or a significant net 

emissions increase at the major stationary source. 

(ii) In determining the projected actual emissions, before beginning actual construction, the 

owner or operator of the major stationary source shall do all of the following: 

(A) Consider all relevant information, including but not limited to, historical operational 

data, the company's own representations, the company's expected business activity and the 

company's highest projections of business activity, the company's filings with the state or 

federal regulatory authorities, and compliance plans under the state implementation plan. 

(B) Include fugitive emissions to the extent quantifiable and emissions associated with 

startups, shutdowns, and malfunctions. 

(C) Exclude, in calculating any increase in emissions that results fi-om the particular 

project, that portion of the unit's emissions following the project that an existing unit could 

have accommodated during the consecutive 24-month period used to establish the baseline 

actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth. 

(iii) The owner or operator of a major stationary source may use the emissions unit's 

potential to emit, in tons per year, instead of calculating projected actual emissions. 

(mm) "Reactivation of a very clean coal-fired electric utility steam generating unit" means 

any physical change or change in the method of operation associated with the 

commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit meets all of the following criteria: 

(i) The unit was not in operation for the 2-year period before the enactment of the clean air 

act amendments of 1990, and the emissions from the unit continue to be carried in the 

department's emissions inventory at the time of enactment. 

(ii) The unit was equipped before shutdown with a continuous system of emissions control 

that achieves a removal efficiency for sulfur dioxide of not less than 85% and a removal 

efficiency for particulates of not less than 98%. 

(iii) The unit was equipped with low-oxides of nitrogen burners before the time of 

commencement of operations following reactivation. 

(iv) The unit otherwise complies with the requirements of the clean air act. 

(nn) "Regulated new source review pollutant," for purposes of this rule, means all of the 

following: 

(i) A pollutant for which a national ambient air quality standard has been promulgated and 

any constituents or precursors for the pollutants identified by the United States environmental 

protection agency. For example, volatile organic compounds and oxides of nitrogen are 

precursors for ozone, and oxides of nitrogen and sulfur dioxide are precursors for PM 2.5. 

(ii) A pollutant that is subject to any standard promulgated under section 111 of the clean 

air act. 

(iii) A class I or II substance subject to a standard promulgated under or established by title 

VI of the clean air act. 
(iv) A pollutant that otherwise is subject to regulation under the clean air act; except that 

any or all hazardous air pollutants either listed in section 112 of the clean air act or added to 

the list under section 112(b )(2) of the clean air act, which have not been de listed under 

section 112(b)(3) of the clean air act, are not regulated new source review pollutants unless 

the listed hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the clean air act. 

( oo) "Repowering" means all of the following: 

(i) Replacement of an existing coal-fired boiler with I of the following clean coal 

technologies: 

(A) Atmospheric or pressurized fluidized bed combustion. 

(B) Integrated gasification combined cycle. 

(C) Magneto hydrodynamics. 

(D) Direct and indirect coal-fired h~tbines. 

(E) Integrated gasification fuel cells. 

(F) A derivative of I or more of these technologies, and any other technology capable of 

controlling multiple combustion emissions simultaneously with improved boiler or 

generation efficiency and with significantly greater waste reduction relative to the 

performance of technology in widespread commercial use as of November 15, 1990, as 

determined by the United States environmental protection agency, in consultation with the 

Secretary of Energy. 

(ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded 

clean coal technology demonstration funding as of January I, 1991, by the United States 

Department of Energy. 

(iii) The department shall give expedited consideration to permit applications for any 

source that satisfies the definition of repowering and is granted an extension under section 

409 of the clean air act. 

(pp) "Secondary emissions" means emissions which occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For this rule, secondary emissions shall be 

specific, well defmed, quantifiable, and impact the same general areas the stationary source 

modification which causes the secondary emissions. Secondary emissions include emissions 

from any offsite support facility which would not be constructed or increase its emissions 

except as a result of the construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a motor vehicle, fi·om a train, or fi·om a 

vessel. 

(qq) "Significant" means: 

(i) In reference to a net emissions increase or the potential of a source to emit any of the 

following pollutants, a rate of emissions that would equal or exceed any of the following 

pollutant emission rates: 

(A) Carbon monoxide: 100 tons per year. 

(B) Oxides of nitrogen: 40 tons per year. 

(C) Sulfur dioxide: 40 tons per year. 

(D) Particulate matter: 25 tons per year of particulate matter emissions. 

(E) PM-10: 15 tons per year ofPM-10 emissions. 

(F) PM 2.5: 10 tons per year of PM 2.5 emissions; 40 tons per year of sulfur dioxide 

emissions; 40 tons per year of oxides of nitrogen emissions. 
(G) Ozone: 40 tons per year of volatile organic compounds or oxides of nitrogen. 

(H) Lead: 0.6 tons per year. 

(I) Fluorides: 3 tons per year. 

(J) Sulfuric acid mist: 7 tons per year. 

(K) Hydrogen sulfide: I 0 tons per year. 

(L) Total reduced sulfur, including hydrogen sulfide: I 0 tons per year. 

(M) Reduced sulfur compounds, including hydrogen sulfide: 10 tons per year. 

(N) Municipal waste combustor organics, measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans: 3.2 x 10-6 megagrams per year or 3.5 x 10-6 tons per 

year. 

(0) Municipal waste combustor metals, measured as patticulate matter: 14 megagrams per 

year or 15 tons per year. 

(P) Municipal waste combustor acid gases, measured as sulfur dioxide and hydrogen 

chloride: 36 megagrams per year or 40 tons per year. 

(Q) Municipal solid waste landfill emissions, measured as nonmethane organic compounds: 

45 megagrams per year or 50 tons per year. 

(ii) In reference to a net emissions increase or the potential of a source to emit a regulated 

new source review pollutant not listed in this definition, any emissions rate. 

(iii) Any emissions rate or any net emissions increase associated with a major stationary 

source or major modification, which would construct within I 0 kilometers of a class I area, 

and have an impact on such area equal to or greater than I microgram per cubic meter (24-

hour average). 

(rr) "Significant emissions increase" means, for a regulated new source review pollutant, an 

increase in emissions that is significant for that pollutant. 

(ss) "Stationary source" means any building, structure, facility, or installation which emits 

or may emit a regulated new source review pollutant. 

(tt) "Temporary clean coal technology demonstration project" means a clean coal 

technology demonstration project that is operated for a period of 5 years or less, and which 

complies with the state implementation plan and other requirements necessary to attain and 

maintain the national ambient air quality standards during and after the project is terminated. 

R 336.2803 Ambient air increments 

Rule 1803. In areas designated as class I, II, or Ill, increases in pollutant concentration over 

the baseline concentration shall be limited to all of the following: 

Table 182 

Ambient Air Increments 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

CLASS I ·. 

Particulate matter: 

PM-I 0, annual arithmetic mean 4 

PM-10, 24-hour maximum 8 

PM 2.5, annual arithmetic mean I 

PM 2.5, 24-hour maximum 2 
Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

CLASS I . . 

Sulfur dioxide: 

Annual arithmetic mean 2 

24-hour maximum 5 

3-hour maximum 25 

Nitrogen dioxide: 

Annual arithmetic mean 2.5 

CLASS II 

Particulate matter: 

PM-10, annual arithmetic mean 17 

PM-10, 24-hour maximum 30 

PM 2.5, annual arithmetic mean 4 

PM 2.5, 24-hour maximum 9 

Sulfur dioxide: 

Annual aritlnnetic mean 20 

24-hour maximum 91 

3-hour maximum 512 

Nitrogen dioxide: 

Annual arithmetic mean 25 

CLASS III 

Particulate matter: 

PM-10, annual arithmetic mean 34 

PM-10, 24-hour maximum 60 

PM 2.5, annual arithmetic mean 8 

PM 2.5, 24-hour maximum 18 

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hour maximum 182 

3-hour maximum 700 

Nitrogen dioxide: 

Annual arithmetic mean 50 

For any period other than an atmual period, the applicable maximum allowable increase 

may be exceeded during I period per year at any I location. 

R 336.2809 Exemptions. 

Rule 1809. (I) The requirements ofR 336.2810 toR 336.2818 do not apply to a particular 

major stationary source or major modification if either of the following occurs: 
(a) The major stationary source would be a nonprofit health or nonprofit educational 

institution or a major modification that would occur at such an institution. 

(b) The source or modification would be a major stationary source or major modification 

only if fugitive emissions, to the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification and the source is not required to 

include fugitives in its potential to emit under R 336.2801(cc)(v). 

(c) The source or modification is a portable stationary source which has previously 

received a permit under R 336.2810 toR 336.2818, if all ofthe following occur: 

(i) The source proposes to relocate and emissions of the source at the new location would 

be temporary. 

(ii) The emissions fi·om the source would not exceed its allowable emissions. 

(iii) The emissions from the source would not impact a class I area or an area where an 

applicable increment is known to be violated. 

(iv) Reasonable notice is given to the department before the relocation identifying the 

proposed new location and the probable duration of operation at the new location. Notice 

shall be given to the department not less than 10 days in advance of the proposed relocation 

unless a different time duration is previously approved by the department. 

(2) The requirements of R 336.2810 to R 336.2818 do not apply to a major stationary 

source or major modification with respect to a particular pollutant if the owner or operator 

demonstrates that, as to that pollutant, the source or modification is subject to new source 

review for major sources in nonattainment areas regulations. 

(3) The requirements of R 336.2811, R 336.2813, and R 336.2815 do not apply to a 

proposed major stationary source or major modification with respect to a particular pollutant, 

if the allowable emissions of that pollutant from a new source, or the net emissions increase 

of that pollutant from a modification, would be temporary and would not impact a class I 

area or an area where an applicable increment is known to be violated. 

(4) The requirements of R 336.2811, R 336.2813, and R 336.2815, as they relate to any 

maximum allowable increase for a class II area, do not apply to a modification of a major 

stationary source that was in existence on March I, 1978, if the net increase in allowable 

emissions of each regulated new source review pollutant fi·om the modification after the 

application of best available control technology would be less than 50 tons per year. 

(5) The department may exempt a proposed major stationary source or major modification 

from R 336.2813, with respect to monitoring for a particular pollutant, if any of the following 

occur: 

(a) The emissions increase of the pollutant from a new stationary source or the net 

emissions increase of the pollutant from a modification would cause, in any area, air quality 

impacts less than the following amounts: 

(i) Carbon monoxide-- 575 micrograms per cubic meter, 8-hour average. 

(ii) Nitrogen dioxide -- 14 micrograms per cubic meter, annual average. 

(iii) Particulate matter -- 10 micrograms per cubic meter of PM-10, 24-hour average. 4 

micrograms per cubic meter of PM 2.5, 24-hour average. 

(iv) Sulfur dioxide-- 13 micrograms per cubic meter, 24-hour average. 

(v) Ozone -There is no de minimis air quality level for ozone. However, any net increase 

of 100 tons per year or more of volatile organic compounds or oxides of nitrogen subject to 

PSD would be required to perform an ambient impact analysis, including the gathering of 

ambient air quality data. 

(vi) Lead -- 0.1 micrograms per cubic meter, 3-month average. 
(vii) Fluorides -- 0.25 micrograms per cubic meter, 24-hour average. 

(viii) Total reduced sulfur-- I 0 micrograms per cubic meter, !-hour average. 

(ix) Hydrogen sulfide -- 0.2 micrograms per cubic meter, !-hour average. 

(x) Reduced sulfur compounds -- 10 micrograms per cubic meter, !-hour average. 

(b) The concentrations of the pollutant in the area that the source or modification would 

affect are less than the concentrations listed in subdivision (a) of this submle. 

(c) The pollutant is not listed in subdivision (a) of this submle. 

R 336.2816 Sources impacting federal class I areas; additional requirements. 

Rule 1816. (I) The department shall transmit to the United States environmental protection 

agency a copy of each permit application relating to a major stationary source or major 

modification and provide notice to the United States environmental protection agency of 

every action related to the consideration ofthe permit. 

(2) If an applicant submits a permit application to the department for a proposed major 

stationary source or major modification that affects a federal class I area, the applicant must 

submit to the department and the federal land manager charged with direct responsibility for 

management of class I lands a demonstration of the impact the emissions from the proposed 

source or modification would have on the air quality related values of class I lands, including 

visibility. The depmtment shall be available to consult with and provide additional 

information to the federal land manager during the federal land manager's review of the 

demonstration submitted by the applicant, if necessary, to complete the review of the 

demonstration. 

(3) If the federal land manager's review of the applicant's demonstration results in a 

finding that the emissions from the proposed major source or major modification would have 

an adverse impact on the air quality related values of class I lands, including visibility, 

notwithstanding that the change in air quality resulting from emissions fi·om a major source 

or major modification would not cause or contribute to concentrations that would. exceed the 

maximum allowable increases for a class I area, and if the department concurs with such 

finding, then the department shall not approve the permit application. 

(4) If the department determines that the emissions from a proposed major source or major 

modification would cause or contribute to concentrations which would exceed the maximum 

allowable increases for a class I area, the department shall not approve a permit application 

unless the applicable requirements of Michigan's state implementation plan are otherwise 

met and I of the following occurs: 

(a) The applicant submits a written certification that the applicant has demonstrated to the 

federal land manager that the emissions from the proposed major source or major 

modification would have no adverse impact on the air quality related values of class I lands, 

including visibility, notwithstanding that the change in air quality resulting from emissions 

fi·om a major source or major modification would cause or contribute to concentrations that 

would exceed the maximum allowable increases for a class I area. The depa1tment may then, 

provided that applicable requirements are otherwise met, issue the permit with emission 

limitations to assure that emissions of sulfur dioxide, particulate matter, and oxides of 

nitrogen would not exceed the following maximum allowable increases over minor source 

baseline concentration for the pollutants: 
Table 183 

Maximum allowable increases over minor source baseline concentrations 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

Particulate matter: 

PM-10, annual arithmetic mean 17 

PM-10, 24-hour maximum 30 

PM 2.5, annual arithmetic mean 4 

PM 2.5, 24-hour maximum 9 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 325 

Nitrogen dioxide: 

Annual arithmetic mean 25 

(b) If the department cannot approve the permit application under R 336.2816(4)(a) due to 

sulfur dioxide emissions resulting in increases greater than those specified in table 183 for 

periods of 24 hours or less, the applicant may obtain approval by providing a written 

certification that the applicant has demonstrated to the federal land manager that the 

emissions from the proposed major source or major modification would have no adverse 

impact on the air quality related values of class I lands, including visibility, and that both the 

governor and the federal land manager have granted a sulfur dioxide variance for the federal 

class I area on which variance the public has received notice and opportunity for public 

hearing. 

(c) If the depmiment cannot approve the permit application under R 336.2816(4)(a) due to 

sulfur dioxide emissions resulting in increases greater than those specified in table 183 for 

periods of 24 hours or less, and the department cannot approve the permit application under 

R 336.2816(4)(b) because the federal land manager does not concur with the governor's 

issuance of a sulfur dioxide variance that is otherwise consistentwith R 336.2816(4)(b), the 

applicant may obtain approval by providing a written certification that the applicant has 

demonstrated to the president that a sulfur dioxide variance is in the national interest and the 

president concurs with the issuance of the sulfur dioxide variance by the governor. The 

applicant shall transfer the recommendations of the governor and the federal land manager to 

the president in any case where the governor recommends a variance in which the federal 

land manager does not concur. 

(5) The depa1iment will not issue a permit affecting a class I area in which a sulfur dioxide 

variance was granted under R 336.2816(4)(b) or (c), unless the permit includes emission 

limitations necessary to assure that emissions of sulfur dioxide fi·mn the major source or 

major modification would not, during any day on which the otherwise applicable maximum 

allowable increases are exceeded, cause or contribute to concentrations which would exceed 

the following maximum allowable increases over the baseline concentration and to assure 

that emissions would not cause or contribute to concentrations which exceed the otherwise 
applicable maximum allowable increases for periods of exposure of24 hours or less for more 

than 18 days, not necessarily consecutive, during any annual period. 

Table 184 

Maximum Allowable Sulfur Dioxide Increments 

Period Of Exposure Maximum Allowable Increase 

(Micrograms Per Cubic Meter) 

Terrain Areas 

Low High 

24-hour maximum 36 62 

3-hour maximum 130 221 
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY 

Filed with the Secretary of State on 

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 Part 55, Air Pollution 

Control, of the Natural Resources and Envirorunental Protection Act, 1994 PA 451, as 

amended MCL 324.5501 to 324.5542) 

R 336.2801, R 336.2803, R 336.2809 and R 336.2816 of the Michigan Administrative Code 

are amended to read as follows: 

R 336.280 I Definitions. 

Rule 180 I. The following definitions apply to terms used in this part. If a term defined in 

this part is also defined elsewhere in the rules, then the definition contained here applies for 

this part only. 

(a) "Actual emissions" means the actual rate of emissions of a regulated new source review 

pollutant fi·om an emissions unit, as determined under R 336.1101(b), except that this 

definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a plantwide applicability limit under R 336.2823. Instead, the 

terms "projected actual emissions" and "baseline actual emissions" shall apply for those 

purposes. 

(b) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated 

new source review pollutant, as determined by the following: 

(i) For any existing electric utility steam generating unit, baseline actual emissions means 

the average rate, in tons per year, at which the unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or operator within the 5-year period 

immediately preceding when the owner or operator begins actual construction of the project. 

The department shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. All of the following provisions apply: 

(A) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions. 

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions 

that occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period. 

(C) For a regulated new source review pollutant, if a project involves multiple emissions 

units, then only I consecutive 24-month period shall be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period 

may be used for each regulated new source review pollutant. 

9/10/12 
2 

(D) The average rate shall not be based on any consecutive 24-month period for which 

there is inadequate information for determining annual emissions, in tons per year, and for 

adjusting this amount if required by paragraph (i)(B) of this subdivision. 

(ii) For an existing emissions unit, other than an electric utility steam generating unit, 

baseline actual emissions means the average rate, in tons per year, at which the emissions 

unit actually emitted the pollutant during any consecutive 24-month period selected by the 

owner or operator within the I 0-year period inunediately preceding either the date the owner 

or operator begins actual construction of the project, or the date a complete permit 

application is received by the depmiment for a permit required by R 336.1201, whichever is 

earlier, except that the 1 0-year period shall not include any period earlier than November 15, 

1990. All of the following provisions apply: 

(A) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions. 

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions 

that occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period. 

(C) The average rate shall be adjusted downward to exclude emissions that would have 

exceeded an emission limitation with which the major stationary source must currently 

comply, had such major stationary source been required to comply with such limitations 

during the consecutive 24-month period. However, if an emission limitation is part of a 

maximum achievable control technology standard that the United States environmental 

protection agency proposed or promulgated under 40 C.F.R. pmi 63, then the baseline actual 

emissions need only be adjusted if the state has taken credit for such emissions reductions in 

an attainment demonstration or maintenance plan submitted to the U.S. environmental 

protection agency. The provisions of 40 C.F.R. part 63 are adopted by reference in R 

336.2801a. 

(D) For a regulated new source review pollutant, if a project involves multiple emissions 

units, then only 1 consecutive 24-month period shall be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period 

may be used for each regulated new source review pollutant. 

(E) The average rate shall not be based on any consecutive 24-month period for which 

there is inadequate information for determining annual emissions, in tons per year, and for 

adjusting this amount if required by subparagraphs (B) and (C) of this paragraph. 

(iii) For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result from the initial constmction and operation of such unit 

shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 

(iv) For a plantwide applicability limit for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating units under paragraph (i) of 

this subdivision, for other existing emissions units under paragraph (ii) of this subdivision, 

and for a new emissions unit under paragraph (iii) of this subdivision. 

(c) "Baseline area" means all of the following: 

(i) Any intrastate area, and every pmi thereof, designated as attainment or unclassifiable 

under section 107(d)(1) (D) or (E) of the clean air act in which the major source or major 

modification establishing the minor source baseline date would constmct or would have an 

annual average air quality impact equal to or greater than 1 microgram per cubic meter for 

sulfur dioxide, oxides of nitrogen, or PM-10, or 0.3 microgram per cubic meter for PM 

2.5 taAAilal avemge) of the pollutant for which the minor source baseline date is established. 
3 

(ii) Area redesignations under section 107(d)(l) (D) or (E) of the clean air act shall not 

intersect or be smaller than the area of impact of any major stationary source or major 

modification which does either of the following: 

(A) Establishes a minor source baseline date. 

(B) Is subject to PSD regulations or new source review for major sources in nonattainment 

areas regulations. 

(iii) Any baseline area established originally for the total suspended pmiiculates increments 

shall remain in effect and shall apply for purposes of determining the amount of available 

PM-10 increments, except that the baseline area shall not remain in effect if the depmiment 

rescinds the corresponding minor source baseline date under subdivision (bb)(iv) of this rule. 

(d) "Baseline concentration" means the value derived using the following procedures: 

(i) The ambient concentration level that exists in the baseline area at the time of the 

applicable minor source baseline date. A baseline concentration is determined for each 

pollutant for which a minor source baseline date is established and shall include both of the 

following: 

(A) The actual emissions representative of sources in existence on the applicable minor 

source baseline date. 

(B) The allowable emissions of major stationary sources that commenced construction 

before the major source baseline date, but were not in operation by the applicable minor 

source baseline date. 

(ii) The following shall not be included in the baseline concentration and shall affect the 

applicable maximum allowable increase: 

(A) Actual emissions Ji'01n any major stationary source on which construction commenced 

after the major source baseline date. 

(B) Actual emissions increases and decreases at any stationary source occurring after the 

minor source baseline date. 

(e) "Begin actual construction" means, in general, initiation of physical on-site construction 

activities on an emissions unit which m·e of a permanent nature. Such activities include, but 

are not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. "A change in method of 

operation" refers to those on-site activities, other than preparatory activities, which mark the 

initiation of the change. 

(f) "Best available control technology" or "BACT" means an emissions limitation, 

including a visible emissions standard, based on the maximum degree of reduction for each 

regulated new source review pollutant, which would be emitted from any proposed major 

stationary source or major modification which the department-- on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and other costs--

determines is achievable for such source or modification through application of production 

processes or available methods, systems, and techniques, including fuel cleaning or treatment 

or innovative fuel combination techniques for control ofthe pollutant. Application of best 

available control technology shall not result in emissions of any pollutant which would 

exceed the emissions allowed by any applicable standard under 40 C.P.R. parts 60 and 61, 

adopted by reference in R 336.280la. If the department determines that technological or 

economic limitations on the application of measurement methodology to a pmiicular 

emissions unit would make the imposition of an emissions standard infeasible, then a design, 

equipment, work practice, operational standard or combination thereof, may be prescribed 

instead to satisfY the requirement for the application of best available control technology. The 
4 

standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation of the design, equipment, work practice or operation, and shall provide for 

compliance by means which achieve equivalent results. 

(g) "Building, structure, facility, or installation" means all of the pollutant-emitting 

activities which belong to the same industrial grouping, are located on I or more contiguous 

or adjacent propetties, and are under the control of the same person, or persons under 

common control, except the activities of any vessel. Pollutant-emitting activities are part of 

the same industrial grouping if they have the same 2-digit major group code associated with 

their primary activity. Major group codes and primary activities are described in the standard 

industrial classification manual, 1987. For assistance in converting north American 

industrial classification system codes to standard industrial classification codes see 

http://www.census.gov/epcd/naics02/. 

(h) "Clean coal technology" means any technology, including technologies applied at the 

precombustion, combustion, or post-combustion stage, at a new or existing facility which 

will achieve significant reductions in air emissions ofsulfhr dioxide or oxides of nitrogen 

associated with the utilization of coal in the generation of electricity, or process steam which 

was not in widespread use as ofNovember 15, 1990. 

(i) "Clean coal technology demonstration project" means a project using funds appropriated 

under the heading "Department of Energy-- Clean Coal Technology," up to a total amount of 

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects 

ftmded through appropriations for the United States Environmental Protection Agency. The 

federal contribution for a qualifYing project shall be at least 20% of the total cost of the 

demonstration project. 

G) [Reserved] 

(k) "Commence," as applied to construction of a major stationary source or major 

modification, means that the owner or operator has all necessary preconstruction approvals or 

permits and has done either of the following: 

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time. 

(ii) Entered into binding agreements or contractual obligations, which cannot be canceled 

or modified without substantial loss to the owner or operator, to undertake a program of 

actual construction of the source to be completed within a reasonable time. 

(I) "Complete" means, in reference to an application for a permit, that the application 

contains all the information necessary for processing the application. Designating an 

application complete for purposes ofpennit processing does not preclude the department 

from requesting or accepting additional information. 

(m) "Construction" means any physical change or change in the method of operation, 

including fabrication, erection, installation, demolition, or modification of an emissions unit, 

that would result in a change in emissions. 

(n) "Continuous emissions monitoring system" or "CEMS" means all of the equipment that 

may be required to meet the data acquisition and availability requirements of these rules, to 

sample, condition if applicable, analyze, and provide a record of emissions on a continuous 

basis. 

(o) "Continuous emissions rate monitoring system" or "CERMS" means the total 

equipment required for the determination and recording ofthe pollutant mass emissions rate 

in terms of mass per unit oftime. 
5 

(p) "Continuous parameter monitoring system" or "CPMS" means all of the equipment 

necessary to meet the data acquisition and availability requirements of these rules, to monitor 

process and control device operational parameters (for example, control device secondary 

voltages and electric currents) and other information (for example, gas flow rate, oxygen or 

carbon dioxide concentrations), and to record average operational parameter value or values 

on a continuous basis. 

( q) "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for supplying more than 1/3 of its potential electric output capacity and more 

than 25 megawatt electrical output to any utility power distribution system for sale. Steam 

supplied to a steam distribution system for providing steam to a steam-electric generator that 

would produce electrical energy for sale is also considered in determining the electrical 

energy output capacity of the affected facility. 

(r) "Emissions unit" means any part of a stationary source that emits or would have the 

potential to emit any regulated new source review pollutant and includes an electric utility 

steam generating unit. Both of the following are types of emissions units: 

(i) A new emissions unit is any emissions unit that is, or will be, newly constructed and that 

has existed for less than 2 years from the date the emissions unit first operated. 

(ii) An existing emissions unit is any emissions unit that does not meet the definition of a 

new emissions unit. A replacement unit is an existing emissions unit and no creditable 

emission reductions shall be generated from shutting down the existing emissions unit that is 

replaced. A replacement unit shall meet all of the following criteria: 

(A) The emissions unit is a reconstructed unit if the replacement of components of an 

existing facility is to such an extent that the fixed capital cost ofthe new components exceeds 

50% of the fixed capital cost that would be required to construct a comparable entirely new 

facility or the emissions unit completely takes the place of an existing emissions unit. 

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions 

unit. 

(C) The replacement does not alter the basic design parameters of the process unit. 

(D) The replaced emissions unit is permanently removed fi·mn the major stationary source, 

otherwise permanently disabled, or permanently barred from operation by a permit that is 

enforceable as a practical matter. If the replaced emissions unit is brought back into 

operation, it shall constitute a new emissions unit. 

(s) "Federal land manager" means, with respect to any lands in the United States, the 

secretary of the department with authority over such lands. 

(t) "High terrain" means an area having an elevation 900 feet or more above the base of the 

stack of a source. 

(u) "Hydrocarbon combustion flare" means either a flare used to comply with an applicable 

new source performance standard or maximum achievable control technology standard, 

including uses of flares during startup, shutdown, or malfunction permitted under such a 

standard, or a flare that serves to control emissions of waste streams comprised 

predominately of hydrocarbons and containing not more than 230 milligrams per dry 

standard cubic meter hydrogen sulfide. 

(v) "Indian reservation" means any federally recognized reservation established by treaty, 

agreement, executive order, or act of congress. 

(w) "Indian governing body" means the governing body of any tribe, band, or group of 

Indians subject to the jurisdiction of the United States and recognized by the United States as 

possessing power of self-government. 
6 

(x) "Innovative control technology" means any system of air pollution control that has not 

been adequately demonstrated in practice, but may have a substantial likelihood of achieving 

greater continuous emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts. 

(y) "Low terrain" means any area other than high terrain. 

(z) "Lowest achievable emission rate" or "LAER", for any source, means the more 

stringent rate of emissions based on R 336.1112(f). 

(aa) "Major modification" means any of the following: 

(i) Physical change in or change in the method of operation of a major stationary source 

that would result in both of the following: 

(A) A significant emissions increase of a regulated new source review pollutant. 

(B) A significant net emissions increase ofthat pollutant fi·om the major stationary source. 

(ii) A significant emissions increase fi·om any emissions units or net emissions increase at a 

major stationary. source that is significant for volatile organic compounds or oxides of 

nitrogen shall be considered significant for ozone. 

(iii) Physical change or change in the method of operation shall not include any ofthe 

following: 

(A) Routine maintenance, repair, and replacement. 

(B) Use of an alternative fuel or raw material by reason of any order under section 2(a) and 

(b) of the Energy Supply and Environmental Coordination Act of 1974 or by reason of a 

natural gas curtailment plan under the Federal Power Act. 

(C) Use of an alternative fuel by reason of an order or rule under section 125 of the clean 

air act. 

(D) Use of an alternative fuel at a steam generating unit to the extent that the fi~el is 

generated from municipal solid waste. 

(E) Use Of an alternative fuel or raw material by a stationary source which meets either of 

the following: 

(1) The source was capable of accommodating before January 6, 197 5, unless such change 

would be prohibited under any federally enforceable permit condition which was established 

after Januwy 6, 1975, under PSD regulations orR 336.1201 (J)(a). 

(2) T11e source is approved to use under any permit issued under PSD regulations or under 

R 336.1201(J)(a). 

(F) An increase in the hours of operation or in the production rate, unless the change would 

be prohibited under any federally enforceable permit condition which was established after 

January 6, 1975, under PSD regulations orR 336.1201(l)(a). 

(G) Any change in ownership at a stationary source. 

(H) [Reserved] 

(I) The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with both of the following: 

(1) The state implementation plan. 

(2) Other requirements necessOIJ'IO attain and maintain/he national ambient air quality 

standards during the project and after the project is terminated. 

(J) The installation or operation of a permanent clean coal technology demonstration 

project that constitutes repowering, provided that the project does not result in an increase in 

the potential to emit of any regulated pollutant emitted by the unit. This exemption shall 

apply on a pollutant-by-pollutant basis. 
7 

(K) The reactivation of a very clean coal-fired electric utility steam generating unit. 

(iv) This definition shall not apply with respect to a particular regulated new source review 

pollutant when the major stationary source is complying with the requirements for an actuals 

PAL for that pollutant. Instead, the definition of PAL major modification in R 336.2823 shall 

apply. 

(bb) All of the following apply to major and minor source baseline dates: 

(i) "Major source baseline date" means betltall of the following: 

(A) January 6, 1975, for particulate matter and sulfur dioxide. 

(B) February 8, 1988, for nitrogen dioxide. 

(C) October 20, 2010 for PM 2.5 

(ii) "Minor source baseline date" means the earliest date after the trigger date on which a 

mlUor stationary source or a major modification subject to PSD regulations submits a 

complete application under the relevant regulations. The trigger date is betltall of the 

following: 

(A) August 7, 1977, for particulate matter and sulfur dioxide. 

(B) February 8, 1988, for nitrogen dioxide. 

(C) October 20, 2011 for PM 2.5 

(iii) The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if both of the following occur: 

(A) The area in which the proposed source or modification would construct is designated as 

attainment or unclassifiable under section 107(d)(i) (D) or (E) of the clean air act for the 

pollutant on the date of its complete application under R 336.120 I and PSD regulations. 

(B) If a major stationary source, the pollutant would be emitted in significant amounts, or, 

if a major modification, there would be a significant net emissions increase of the pollutant. 

(iv) Any minor source baseline date established originally for the total suspended 

particulates increments shall remain in effect and shall apply for determining the amount of 

available PM-I 0 increments, except that the department may rescind any minor source 

baseline date where it can be shown, to the satisfaction of the department, that the emissions 

increase fi·om the major stationary source, or the net emissions increase from the major 

modification, responsible for triggering that date did not result in a significant amount of 

PM-I 0 emissions. 

( cc) "Major stationmy source" means any of the following: 

(i) Any of the following stationary sources of air pollutants which emit, or has the potential 

to emit, I 00 tons per year or more of a regulated new source review pollutant: 

(A) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input. 

(B) Coal cleaning plants with thermal dryers. 

(C) Kraft pulp mills. 

(D) Portland cement plants. 

(E) Prirnmy zinc smelters. 

(F) Iron and steel. mill plants. 

(G) Primary aluminum ore reduction plants. 

(H) Primary copper smelters. 

(I) Municipal incinerators capable of charging more than250 tons of refuse per day. 

(J) Hydrofluoric, sulfuric, and nitric acid plants. 

(K) Petroleum refineries. 

(L) Lime plants. 
(M) Phosphate rock processing plants. 

(N) Coke oven batteries. 

(0) Sulfur recovery plants. 

(P) Carbon black plants(furnace process). 

(Q) Primary lead smelters. 

(R) Fuel conversion plants. 

(S) Sintering plants. 

(T) Secondary metal production plants. 

8 

(U) 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. 

(V) Fossil fuel boilers, or combinations thereof, totaling more than 250 million British 

thermal units per hour heat input. 

(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels. 

(X) Taconite ore processing plants. 

(Y) Glass fiber processing plants. 

(Z) Charcoal production plants. 

(ii) Any stationary source not listed in the previous subdivision which emits, or has the 

potential to emit, 250 tons per year or more of a regulated new source review pollutant. 

(iii) Any physical change that would occur at a stationary source not otherwise qualifying 

under subdivision (cc) of this subrule, as a major stationary source if the change would 

constitute a major stationary source by itself. 

(iv) A major source that is major for volatile organic compounds or oxides of nitrogen 

shall be considered major for ozone. 

(v) The fhgitive emissions of a stationary source shall not be included in determining, for 

any of the purposes of this rule, whether it is a major stationary source, unless the source 

belongs to I of the categories of stationary sources listed is paragraph (i) of this subdivision. 

(dd) "Necessary preconstruction approvals or permits" means a permit issued under R 

336.120l(l)(a) that is required by R 336.2801 toR 336.2819, R 336.2823, and R 336.2830 or 

R 336.1220. 

(ee) "Net emissions increase" means all of the following: 

(i) For any regulated new source review pollutant emitted by a major stationary source, the 

amount by which the sum of the following exceeds zero: 

(A) The increase in emissions fi·om a particular physical change or change in the method of 

operation at a stationary source as calculated under R 336.2802( 4). 

(B) Any other increases and decreases in actual emissions at the major stationary source 

that are contemporaneous with the particular change and are otherwise creditable. Baseline 

actual emissions for calculating increases and decreases under this paragraph shall be 

determined as provided in the definition of baseline actual emissions, except that paragraphs 

(b)(i)(C) and (b)(ii)(D) of this rule shall not apply. 

(ii) An increase or decrease in actual emissions is contemporaneous with the increase fi·om 

the pmticular change only if it occurs between the following: 

(A) The date 5 years before construction on the pmticular change cmmnences. 

(B) The date that the increase from the particular change occurs. 
9 

(iii) An increase or decrease in actual emissions is creditable only if the depmiment has not 

relied on it in issuing a permit under R 336.1201 (I )(a) orR 336.1214a, which permit is in 

effect when the increase in actual emissions from the particular change occurs. 

(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or 

oxides of nitrogen that occurs before the applicable minor source baseline date is creditable 

only if it is required in calculating the amount of maximum allowable increases remaining 

available. 

(v) An increase in actual emissimis is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

(vi) A decrease in actual emissions is creditable only to the extent that it meets all of the 

following criteria: 

(A) The old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions. 

(B) It is enforceable as a practical matter at and after the time that actual construction on 

the particular change begins. 

(C) It has approximately the same qualitative significance for public health and welfare as 

that attributed to the increase from the particular change. 

(vii) An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a pmiicular 

pollutant. A replacement unit that requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed 180 days. 

(viii) The definition of actual emissions in R 336.110l(b) shall not apply for determining 

creditable increases and decreases after a change, instead the definitions of the terms 

"projected actual emissions" and "baseline emissions" shall be used. 

(fi) [Reserved] 

(gg) "Pollution prevention" means any activity that through process changes, product 

reformulation or redesign, or substitution of less polluting raw materials, eliminates or 

reduces the release of air pollutants, including fugitive emissions, and other pollutants to the 

enviromuent before recycling, treatment, or disposal. Pollution prevention does not mean 

recycling, other than certain "in-process recycling" practices, energy recovery, treatment, or 

disposal. 

(hh) "Potential to emit" means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. A physical or operational limitation on 

the capacity of the source to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material com busted, stored, or 

processed, shall be treated as pa11 of its design if the limitation or the effect it would have on 

emissions is legally enforceable and enforceable as a practical matter by the state, local air 

pollution control agency, or United States environmental protection agency. Secondary 

emissions do not count in determining the potential to emit of a stationary source. 

(ii) "Predictive emissions monitoring system" or "PEMS" means all of the equipment 

necessary to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow 

rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emissions 

rate (for example, pounds per hour) on a continuous basis. 

(jj) "Prevention of significant deterioration" or "PSD" program means the major source 

preconstruction permit program required by 40 C.F.R. §52.21, adopted by reference in R 
10 

336.2801a, orR 336.2801 toR 336.2819, R 336.2823 and R 336.2830. A permit issued 

under this program is a major NSR permit. 

(kk) "Project" means a physical change in, or change in method of operation of, an existing 

major stationary source. 

(II) "Projected actual emissions" means all of the following: 

(i) The maximum annual rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated new source review pollutant in any I of the 5 years (12-month 

period) following the date the unit resumes regular operation after the project, or in any I of 

the 10 years following that date, if the project involves increasing the emissions unit's design 

capacity or its potential to emit that regulated new source review pollutant, and full 

utilization of the unit would result in a significant emissions increase, or a significant net 

emissions increase at the major stationary source. 

(ii) In determining the projected actual emissions, before beginning actual constmction, the 

owner or operator of the major stationary source shall do all ofthe following: 

(A) Consider all relevant information, including but not limited to, historical operational 

data, the company's own representations, the company's expected business activity and the 

company's highest projections of business activity, the company's filings with the state or 

federal regulatory authorities, and compliance plans under the state implementation plan. 

(B) Include fugitive emissions to the extent quantifiable and emissions associated with 

startups, shutdowns, and malfunctions. 

(C) Exclude, in calculating any increase in emissions that results from the particular 

project, that portion of the unit's emissions following the project that an existing unit could 

have accommodated during the consecutive 24-month period used to establish the baseline 

aetna! emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth. 

(iii) The owner or operator of a major stationary source may use the emissions unit's 

potential to emit, in tons per year, instead of calculating projected actual emissions. 

(mm) "Reactivation of a very clean coal-fired electric utility steam generating unit" means 

any physical change or change in the method of operation associated with the 

commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit meets all of the following criteria: 

(i) The unit was not in operation for the 2-year period before the enactment of the clean air 

act amendments of 1990, and the emissions from the unit continue to be carried in the 

depmiment's emissions inventmy at the time of enactment. 

(ii) The unit was equipped before shutdown with a continuous system of emissions control 

that achieves a removal efficiency for sulfur dioxide of not less than 85% and a removal 

efficiency for particulates of not less than 98%. 

(iii) The unit was equipped with low-oxides of nitrogen burners before the time of 

commencement of operations following reactivation. 

(iv) The unit otherwise complies with the requirements of the clean air act. 

(nn) "Regulated new source review pollutant," for purposes of this mle, means all of the 

following: · 

(i) A pollutant for which a national ambient air quality standard has been promulgated and 

any constituents or precursors for the pollutants identified by the United States environmental 

protection agency. For example, volatile organic compounds and oxides of nitmgen are 

precursors for ozone, and oxides of nitrogen and sulfur dioxide are precursors for PM 

2.5. 
11 

(ii) A pollutant that is subject to any standard promulgated under section Ill of the clean 

air act. 

(iii) A class I or II substance subject to a standard promulgated under or established by title 

VI of the clean air act. 

(iv) A pollutant that otherwise is subject to regulation under the clean air act; except that 

any or all hazardous air pollutants either listed in section 112 of the clean air act or added to 

the list under section 112(b)(2) of the clean air act, which have not been delisted under 

section 112(b)(3) of the clean air act, are not regulated new source review pollutants unless 

the listed hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the clean air act. 

( oo) "Repowering" means all of the following: 

(i) Replacement of an existing coal-fired boiler with I of the following clean coal 

technologies: 

(A) Atmospheric or pressurized fluidized bed combustion. 

(B) Integrated gasification combined cycle. 

(C) Magneto hydrodynamics. 

(D) Direct and indirect coal-fired turbines. 

(E) Integrated gasification fuel cells. 

(F) A derivative of I or more of these technologies, and any other technology capable of 

controlling multiple combustion emissions simultaneously with improved boiler or 

generation efficiency and with significantly greater waste reduction relative to the 

performance of technology in widespread commercial use as of November 15, 1990, as 

determined by the United States environmental protection agency, in consultation with the 

Secretary of Energy. 

(ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded 

clean coal technology demonstration funding as of January I, 1991, by the United States 

Depmtment of Energy. 

(iii) The department shall give expedited consideration to permit applications for any 

source that satisfies the definition ofrepowering and is granted an extension under section 

409 of the clean air act. 

(pp) "Secondary emissions" means emissions which occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For this mle, secondary emissions shall be 

specific, well defined, quantifiable, and impact the same general areas the stationary source 

modification which causes the secondary emissions. Secondary emissions include emissions 

fi·om any offsite support facility which would not be constructed or increase its emissions 

except as a result ofthe construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions which come directly fi·otn a 

mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a 

vessel. 

(qq) "Significant" means: 

(i) In reference to a net emissions increase or the potential of a source to emit any of the 

following pollutants, a rate of emissions that would equal or exceed any of the following 

pollutant emission rates: 

(A) Carbon monoxide: I 00 tons per year. 

(B) Oxides of nitrogen: 40 tons per year. 

(C) Sulfur dioxide: 40 tons per year. 
12 

(D) Particulate matter: 25 tons per year of particulate matter emissions; 15 tons Jler year of 

PM Hl emissions; Hl tons Jler year of PM 2.5 emissions. 

(E) PM-10: 15 tons per year ofPM-10 emissions. 

(F) PM 2.5: 10 tons per year of PM 2.5 emissions; 40 tons per year of sulfur dioxide 

emissions; 40 tons per year of oxides of nitrogen emissions. 

(G)~ Ozone: 40 tons per year of volatile organic compounds or oxides of nitrogen. 

(H)(FJ Lead: 0.6 tons per year. 

(I)~ Fluorides: 3 tons per year. 

(J)f!B Sulfhric acid mist: 7 tons per year. 

(K)Elj Hydrogen sulfide: I 0 tons per year. 

(L)fB Total reduced sulfur, including hydrogen sulfide: I 0 tons per year. 

(M)fKt Reduced sulfur compounds, including hydrogen sulfide: I 0 tons per year. 

(N)fb) Municipal waste combustor organics, measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans: 3.2 x 10-6 megagrams per year or 3.5 x 

I 0-6 tons per year. 

(0)~ Municipal waste combustor metals, measured as particulate matter: 14 megagrams 

per year or 15 tons per year. 

(P)tN) Municipal waste combustor acid gases, measured as sulfur dioxide and hydrogen 

chloride: 36 megagrams per year or 40 tons per year. 

(Q)~ Municipal solid waste landfill emissions, measm·ed as nonmethane organic 

compounds: 45 megagrams per year or 50 tons per year. 

(ii) In reference to a net emissions increase or the potential of a source to emit a regulated 

new source review pollutant not listed in this defmition, any emissions rate. 

(iii) Any emissions rate or any net emissions increase associated with a major stationary 

source or major modification, which would construct within I 0 kilometers of a class I area, 

and have an impact on such area equal to or greater than I microgram per cubic meter (24-

hour average). 

(rr) "Significant emissions increase" means, for a regulated new source review pollutant, an 

increase in emissions that is significant for that pollutant. 

(ss) "Stationary source" means any building, structure, facility, or installation which emits 

or may emit a regulated new source review pollutant. 

(tt) "Temporary clean coal technology demonstration project" means a clean coal 

technology demonstration project that is operated for a period of 5 years or less, and which 

complies with the state implementation plan and other requirements necessary to attain and 

maintain the national ambient air quality standards during and after the project is terminated. 

R 336.2803 Ambient air increments 

Rule 1803. In areas designated as class I, II, or·lll, increases in pollutant concentration over 

the baseline concentration shall be limited to all of the following: 

Pollutant 

CLASS I 

Table 182 

Ambient Air Increments 

I 

Maximum Allowable Increase 

(micrograms per cubic meter) 
13 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

CLASS I 

Particulate matter: 

PM-I 0, annual arithmetic mean 4 

PM-10, 24-hour maximum 8 

PM 2.5, annual arithmetic mean 1 

PM 2.5, 24-hour maximum 2 

Sulfur dioxide: 

Annual aritiunetic mean 2 

24-hour maximum 5 

3-hour maximum 25 

Nitrogen dioxide: 

Annual arithmetic mean I 2.5 

CLASS II 

Pa1ticulate matter: 

PM-10, annual aritlunetic mean 17 

PM-I 0, 24-hour maximum 30 

PM 2.5, annual arithmetic mean 4 

PM 2.5, 24-hour maximum 9 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 512 

Nitrogen dioxide: 

Annual arithmetic mean 125 

I 

CLASS III 

Pa1ticulate matter: 

PM-I 0, annual arithmetic mean 34 

PM-I 0, 24-hour maximum 60 

PM 2.5, annual arithmetic mean 8 

PM 2.5, 24-hour maximum 18 

Sulfur dioxide: 

Atmual aritlunetic mean 40 

24-hour maximum 182 

3-hour maximum 700 

Nitrogen dioxide: 

Annual aritlunetic mean I so 

For any period other than an annual period, the applicable maximum allowable increase 

may be exceeded during I period per year at any I location. 
14 

R 336.2809 Exemptions. 

Rule 1809. (I) The requirements ofR 336.2810 toR 336.2818 do not apply to a particular 

major stationary source or major modification if either of the following occurs: 

(a) The major stationary source would be a nonprofit health or nonprofit educational 

institution or a major modification that would occur at such an institution. 

(b) The source or modification would be a major stationary source or major modification 

only if fugitive emissions, to the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification and the source is not required to 

include fugitives in its potential to emit under R 336.280l(cc)(v). 

(c) The source or modification is a pmtable stationary source which has previously 

received a permit under R 336.2810 toR 336.2818, if all of the following occur: 

(i) The source proposes to relocate and emissions of the source at the new location would 

be temporary. 

(ii) The emissions fi·om the source would not exceed its allowable emissions. 

(iii) The emissions from the source would not impact a class I area or an area where an 

applicable increment is known to be violated. 

(iv) Reasonable notice is given to the department before the relocation identifYing the 

proposed new location and the probable duration of operation at the new location. Notice 

shall be given to the department not less than 10 days in advance of the proposed relocation 

unless a different time duration is previously approved by the department. 

(2) The requirements ofR 336.2810 toR 336.2818 do not apply to a major stationary 

source or major modification with respect to a particular pollutant if the owner or operator 

demonstrates that, as to that pollutant, the source or modification is subject to new source 

review for major sources in nonattainment areas regulations. 

(3) The requirements ofR 336.2811, R 336.2813, and R 336.2815 do not apply to a 

proposed major stationary source or major modification with respect to a particular pollutant, 

if the allowable emissions of that pollutant from a new source, or the net emissions increase 

of that pollutant from a modification, would be temporary and would not impact a class I 

area or an area where an applicable increment is known to be violated. 

(4) The requirements ofR 336.2811, R 336.2813, and R 336.2815, as they relate to any 

maximum allowable increase for a class II area, do not apply to a modification of a major 

stationary source that was in existence on March I, 1978, if the net increase in allowable 

emissions of each regulated new source review pollutant fi·om the modification after the 

application of best available control technology would be less than 50 tons per year. 

(5) The department may exempt a proposed major stationary source or major modification 

from R 336.2813, with respect to monitoring for a pmticular pollutant, if any of the following 

occur: 

(a) The emissions increase of the pollutant fi·om a new stationary source or the net 

emissions increase of the pollutant from a modification would cause, in any m·ea, air quality 

impacts less than the following amounts: 

(i) Carbon monoxide -- 575 micrograms per cubic meter, 8-hour average. 

(ii) Nitrogen dioxide-- 14 micrograms per cubic meter, annual average. 

(iii) Particulate matter-- 10 micrograms per cubic meter ofPM-10, 24-hour average. 4 

micrograms per cubic meter of PM 2.5, 24-hour average. 

(iv) Sulfur dioxide-- 13 micrograms per cubic meter, 24-hour average. 
15 

(v) Ozone- There is no de minimis air quality level for ozone. However, any net increase 

of 100 tons per year or more of volatile organic compounds or oxides of nitrogen subject to 

PSD would be required to perform an ambient impact analysis, including the gathering of 

ambient air quality data. 

(vi) Lead -- 0.1 micrograms per cubic meter, 3-month average. 

(vii) Fluorides-- 0.25 micrograms per cubic meter, 24-hour average. 

(viii) Total reduced sulfur-- I 0 micrograms per cubic meter, !-hour average. 

(ix) Hydrogen sulfide-- 0.2 micrograms per cubic meter, !-hour average. 

(x) Reduced sulfur compounds -- 10 micrograms per cubic meter, !-hour average. 

(b) The concentrations of the pollutant in the area that the source or modification would 

affect are less than the concentrations listed in subdivision (a) of this subrule. 

(c) The pollutant is not listed in subdivision (a) of this subrule. 

R 336.2816 Sources impacting federal class I areas; additional requirements. 

Rule 1816. (1) The department shall transmit to the United States environmental protection 

agency a copy of each permit application relating to a major stationary source or major 

modification and provide notice to the United States envirornnental protection agency of 

every action related to the consideration of the permit. 

(2) If an applicant submits a permit application to the department for a proposed major 

stationary source or major modification that affects a federal class I area, the applicant must 

submit to the department and the federal land manager charged with direct responsibility for 

management of class I lands a demonstration of the impact the emissions from the proposed 

source or modification would have on the air quality related values of class I lands, including 

visibility. The depmtment shall be available to consult with and provide additional 

information to the federal land manager during the federal land manager's review of the 

demonstration submitted by the applicant, if necessary, to complete the review of the 

demonstration. 

(3) If the federal land manager's review of the applicant's demonstration results in a 

finding that the emissions from the proposed major source or major modification would have 

an adverse impact on the air quality related values of class I lands, including visibility, 

notwithstanding that the change in air quality resulting from emissions from a major source 

or major modification would not cause or contribute to concentrations that would exceed the 

maximum allowable increases for a class I area, and if the department concurs with such 

finding, then the department shall not approve the permit application. 

(4) If the department determines that the emissions from a proposed major source or major 

modification would cause or contribute to concentrations which would exceed the maximum 

allowable increases for a class I area, the department shall not approve a permit application 

unless the applicable requirements of Michigan's state implementation plan are otherwise 

met and I of the following occurs: 

(a) The applicant submits a written ce1tification that the applicant has demonstrated to the 

federal land manager that the emissions from the proposed major source or major . 

modification would have no adverse impact on the air quality related values of class I lands, 

including visibility, notwithstanding that the change in air quality resulting fi·om emissions 

from a major source or major modification would cause or contribute to concentrations that 

would exceed the maximum allowable increases for a class I area. The department may then, 

provided that applicable requirements are otherwise met, issue the permit with emission 

limitations to assure that emissions of sulfur dioxide, particulate matter, and oxides of 
16 

nitrogen would not exceed the following maximum allowable increases over minor source 

baseline concentration for the pollutants: 

Table 183 

Maximum allowable increases over minor source baseline concentrations 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

Particulate matter: 

PM-I 0, aunual arithmetic mean 17 

PM-I 0, 24-hour maximum 30 

PM 2.5, annual arithmetic mean 4 

PM 2.5, 24-hour maximum 9 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 325 

Nitrogen dioxide: 

Aunual arithmetic mean \25 

(b) If the department cannot approve the permit application under R 336.2816(4)(a) due to 

sulfur dioxide emissions resulting in increases greater than those specified in table 183 for 

periods of24 hours or less, the applicant may obtain approval by providing a written 

cettification that the applicant has demonstrated to the federal land manager that the 

emissions fi·om the proposed major source or major modification would have no adverse 

impact on the air quality related values of class I lands, including visibility, and that both the 

governor and the federal land manager have granted a sulfur dioxide variance for the federal 

class I area on which variance the public has received notice and opportunity for public 

hearing. 

(c) If the department cannot approve the permit application under R 336.2816(4)(a) due to 

sulfur dioxide emissions resulting in increases greater than those specified in table 183 for 

periods of24 hours or less, and the department cannot approve the permit application under 

R 336.2816(4)(b) because the federal land manager does not concur with the governor's 

issuance of a sulfur dioxide variance that is otherwise consistent with R 336.2816(4)(b), the 

applicant may obtain approval by providing a written certification that the applicant has 

demonstrated to the president that a sulfur dioxide variance is in the national interest and the 

president concurs with the issuance ofthe sulfur dioxide variance by the governor. The 

applicant shall transfer the recommendations of the governor and the federal land manager to 

the president in any case where the governor recommends a variance in which the federal 

land manager does not concur. 

(5) The department will not issue a permit affecting a class I area in which a sulfur dioxide 

variance was granted under R 336.2816(4)(b) or (c), unless the permit includes emission 

limitations necessary to assure that emissions of sulfur dioxide from the major source or 

major modification would not, during any day on which the otherwise applicable maximum 

allowable increases are exceeded, cause or contribute to concentrations which would exceed 
17 

the following maximum allowable increases over the baseline concentration and to assure 

that emissions would not cause or contribute to concentrations which exceed the otherwise 

applicable maximum allowable increases for periods of exposure of24 hours or less for more 

than 18 days, not necessarily consecutive, during any annual period. 

Table 184 

Maximum Allowable Sulfur Dioxide lucrements 

Period Of Exposure Maximum Allowable Increase 

(Micrograms Per Cubic Meter) 

Terrain Areas 

Low High 

24-hour maximum 36 62 

3-hour maximum 130 221 
ATTACHMENT B 
S'fATE 01' MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

DEC 

RICK SNYDER 

GOVER.'lOR 

October 19, 2012 

Ms. Deldre 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 2011-035 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 f01warded to you, along with a reference copy of 

the administrative rules, in accordance with the provisions of Executive Order 2011-5. 

Revisions to R 336.2801, R 336.2803, R 336.2809 and R 336.2816 to address PM 2.5 

and ozone precursors are necessary for the United States Environmental Protection 

Agency (U.S. EPA) to approve the Air Quality Division's (AQD) permitting rules. PM 2.5 

is a new National Ambient Air Quality Standard 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 rules. 

All of these changes adopt language strictly from federal regulations. We are updating 

our rules in order to maintain U.S. EPA approval of our major source New Source 

Review State Implementation Plan. 

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@mlchigan.gov, or you may contact me. 

Enclosures 

~,~~0 J\_ 

Jd Wyant I.J0\ Director 

517-373-7917 

CONSTITUTION HALL• 525WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 46909·7973 

www.mlchlgao.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 2011-035 EQ File 
IJ ' 

' 

~ 

. RICK SNYDER 

GOVERNOR 

STATE OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

CERTIFICATE OF ADOPTION 

DE€l 

DAN WYANT 

DIRECTOR 

I, Dan Wyant, Director of the Department of Environmental Quality, do formally adopt 

the attached administrative rules, by amending R 336.2801, R 336.2803, R 336.2809 

and R 336.2816 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 amended by Executive Order 2011-1. 

Date 

ORR 2011-035 EQ 

CONSTITUTION I-IALL • 626 WEST AllEGAN STREET • P.O.I30X 30473 • LANSING, MICHIGAN 46909-7973 

www.mlch!gan.gov/deq • (800) 662-9278 

Rev. 01/2012 
ATTACHMENT C 
NATURAL RESOURCES AND ENVIRONMENTAL 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 act. 

(c) Controlling any mode of transportation that 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 that impair the state's ability to meet federal 

ambient air quality standards. 

(g) Establishing 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 of the 

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

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

that would adversely affect human health or other conditions important to the life of the community. 

(h) Implementing sections 5505 and 5506. 

(2) Unless otherwise provided in this part, each mle, permit, or administrative order promulgated or issued 

under this part prior to November 13, 1993 shall remain in effect according to its terms unless the mle or 

order is inconsistent with this part or is revised, amended, or repealed. 

(3) Section 11522 applies to open burning. 

History: 1994, Act 451, Eff. Mar. 30, 1995;-Am. 2012, Act 102, lmd. Eff. Apr. 19,2012. 

Popular name: Act 451 

Popular name: NREPA 

Administrathre rules: R 336.1101 et seq.; R 336.1122; and R 336.1201 et seq, of the Michigan Administrative Code, 

Rendered Wednesday, July 31, 2013 

© Legislalive Council, Slate of Michigan 

Page 1 Michigan Comp!Jed laws Complete Through PA 106 of 2013 

Courtesy ofwww.legislature.mi.gov 
ATTACHMENT D 
STATB OF MICHIGAN 

RUTHJo~~N.S~YOFSTIUE 

DEPARTMENT OF STATE 

LAN SINo 

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 #2011-035-EQ) 

Legislative Service Bureau (Secretary of State Filing #12-11-16) 

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 flied Administrative Rule 

#2011-035-EQ (Secretary of State Filing #12-11-16) on this date at 4:43P.M. for the Department 

of Environmental Quality, entitled 10Part 18, Prevention of Significant Deterioration of Air 

Quality". 

This 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. 

Sincerely, 

Ruth Johnson 

?;;;::s~ ~~ ~ Robin L. Houston, Departmental Supervisor 

Office of the Great Seal 

Enclosure 

OFFICE OF THE GREAT SEAL 

108 SOOTH WASHINGTON SQUARE, SUITE 1 • lANSING, MICHIGAN 48918 

1-888·SOS-MICH (1-888-767-8424) 

'fiWW, M]Ch] g I 1'1, g OV/303 
ATTACHMENT E 
RICK SNYDER 

GOVERNOR 

STAT!l OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

NOTICE OF PUBLIC HEARING 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

DEn 

DAN WYANT 

DIRECTOR 

The Michigan Department of Environmental Quality (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 significance 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 Pollution 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 permltllng program, Title 40 of the Code of Federal Regulations, Section 51.165. 

The public hearing will be held on Thursday, August 9, 2012 at 9:00a.m. in the Lillian Hatcher conference 

room, Constitution Hall, 3'd floor south, 525 Allegan Street, Lansing, Michigan. 

Copies of the proposed rules can be downloaded from the Internet at: 

http://www.michigan.gov/deq/alr/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 5:00p.m., Thursday, August 9, 2012. 

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

www.mlchlgan.gov/deq • {800) 662·9276 
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 

... ~ ... -.111_w V W'l, 1"'111.11 VIlifY 

r:·ati8irii;:Mfi!s9·t9' · ···· · · ·· -··· · · · .... ,.. : ·· .. ·-::.- .:: .:.·.:·· 

State ofMichjgan, County ofingham 

IN THE MATTER OF: Notice of Public Hearing 

Michigan Depat1ment 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 amtexed 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 intelTuption for at least 2 years, and 

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

for at least one (1) year in the community where the publication is to occur. 

Lansing State Journal 7/9/2012 

Kelly ~~~~ Pag 

SUBSCRIBED AND SWORN TO BEFORE ME THIS 14th 

DAY OF SEPTEMBER 2012 

LISA SHOOLTZ 

NOTARY PUBLIC, STATE OF MICHIGAN, COUNTY OF SHIA WASSEE 

MY COMMISSION EXPIRES: DECEMBER 17,2017 

ACTING IN THE COUNTY OF INGHAM 

LSJ 1016292 
c:;~:;?, £11 

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r:e.r.:-~:e s!.!ouleme;;tts at·e 

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Sei.ie.rel grol!ps certify 

dietary sl!!JPleme~·!t fh•rm: 

in good man.ufactul'ing practices, includt1g the 

.Naturel ~ducts Aesociation: cne of the 61ciustry's le.:."$-$:Bl tte.de c·w·- Th fi-ri ··~ .._.,:_.,..,. 

f'sl ~-.;~~;-~~·,,:;~ .~i,~=-o;~~ ~":~:; . . 1 U.l • ..A •• n -'..t ...... _-.-.._ \-

fice_tJcn p~ogte.!n c.nC: 

V.'hich fi~ms h~.ve t'.i:.~t tt::"; 

groupss criteria, V.'Mch 

include the FDA's star~~ 

dEr.d:=, visit "the ~~.·oup's 

webeite e.t Eya.!r:.fo.org. 

·, VOI!Pii.!i:Th~ff£(1' OP. 

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fnvlrt:n:-.-.ental Ql'.EHi.Y 

?.0. so~: 30250 '--·'-· l•tt~,_:,..~., l:f!CI'>:0.,-:::;.1 

.lmc;~S:w·per.sc.ns ar':. inv/i:~~ tc· l,t;.en(i~ 

present tii;fr vl~ws. It i• r:or.ve.~ted ,.~ .. ti 

syc.\eme;'lts be suomim:d ~~; v:~tino ~f~,! f,earlng. re:::orO. Anyone unable to zite 1\t:i 1 sv~mlt comr,1ents. in writin~ to the aci/ 

. J:·c.bove;. Written comme~ts must be re·j', ,~d by •. 00 ~.m., Thurso:c.y, Avgust S,l 

·' I 

' <-ons neecli_ng acc-ommodations for dfec·l 

participatiOn In the meeting s'hOu/d con .1 

the Air Quality Division at Slf-.373-JO<=~/ weelc In advance to reC'ue.st mobility ui;. 

it.atlng, or other assistance. ' · 

1

. 

notice of public hea_ring Js given In acance with Sections 41 and 42 of Michl·l 

; Administrative ProC-!di!H!S Act, l%S 

.06'.. as ar~ended', belnr} Sectlons 24,241 1 

l~.t42 of rhe Michigan Complied lawc 

nlstratlon of the roles Is by authorlh1 

;rred on the Director of the DEQ b)• 52;. 

1Sl~ of l:ct 451 and Executive Order No. 

!. I hes~ rules will become eH<!cUve fm-

~tely atte.r flUng with the Secretary of 

!SOn Hellwl9, Chief l ~)!~~~·~'----------~V~S/~20~l!2 __ _Jf 

]s'J 912J3J 

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4· · ~; :~·-r·lSl 

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THAT SCflAMSlEO YIORO GAME 

by DavitS L. Hoy! ~1\d .Jelt lfn111e!; 

·.' ··~ ---·-

. ' 

,· 

' l"t f 

r 

I 
County of Oakland } 

STATE OF MICHIGAN, ss. 

... : .. : ..... being duly S\NOrn. 

deposes and says that I am the ........ .... ........... of 

THE OAKLAND PRESS, a newspaper 

daily in Oakland County, .and that I held such 

position during the publication of the notice hereto annexed; 

that a notice of ............ , .......... ............ ." ...•.... , ........................ .. 

. . 

.................................... of 

wl1ich the annel\ed notice is a true copy, was published in the 

said THE OAKLAND PRESS ................................................. . 

.......... ......................... , immediately preceding the .9.. of .• . ...... that the annexed printed copy of said notice 

wa$ ta n fr , the said newspaper. That the dates of 

publication of sai 

. B.1 .. ..................... . 

and further . 

1 

( · 

. \ . tJ.._!J 1'{ fl.)J'-.J-1 ·············'-=-··'·iT' ....... ......................................... : ......... . 

...................... y ....................................................................... . 

Subscribed and sworn t()-l;l.efore me this ........ 9 .......... day of 

f7 

NOTARY PUSUC, OAKLAND COUNTY. MlCHIGAN 

TINA M. CROWN 

1\\0TAAY PUBUC,STALE 0!= Mi 

COUNTY OF LAPEER 

MY C()MMI$SION EXPIRES Mar SO. 2014 

ACTING !NGOUNTYOF 

li 

RICK SNYDeR 

-

sY.A"'tE OF il.ltl¢aiG.AN 

DB>JUITMEM"i" Oil' 

ENVli'<ONMIEOIYAL QUALnnt 

LANSING 

NOTICE OF i>UBUC HEAIUNG 

D!E!>ARTMENT 01" EiiiVIROi\lt.IEN"i"AL 

AIR QUAUTV 0111l'ISIOM 

The Mlcb.iJ;3n Dcp:u"tment ot"En.vironme:nt:al Qaality<DEQ),Air Divisicn, wi

period 3.nd hearing on ndn1inUtr3tive rule:s promulgated plll'S\Ul.nt to P:

ofthe Natw-;,.1 Resourees :md Environmenb.l Protection PA 451. :LS 

rule revisions: · 

Air Pollution Control Rule (ORR 2011-012 EQ) Pll.rt l to modify the deinlti

RuleR 336.1119 (e) to threshold for the new P

the {!Xisting defini.ti.cm in R. 330.ll:l2 (!) org::l.nic compound .. by adding' tO 

c.egligihle 

Air Pollution Contl'ol Rule CORR 20ll..o3l EQ> Part S, to modifY existin& 

Rule 336.1618 to cl.arit;y the 1'«1 uircnents for use or eutfxlek asplults in PAving: $d 

the May 1 to SeptemOOr 30 o:z:one :se:LSOn ill the stnte o[Miehiean, including addi

b:.we very !ow volatile orcnrUecompou'¥i content. 

Air Potlution Control RUles CORR 2Gll..03S EQ) Part 18 to modify existing l:!Jlgut

Rules R. 336.2801, R 336..28:03, R 336.2809, R 336.2816 to be consistent wit.h lh

the Prevention or Signi.G.=t Deteriol':l.tion of .Ai:r Qun!ity, Title 40 of the Co

Section suss. 

Air Pollution Control Rules (ORR 2:011-036 EQ> h.rt IS to· raodi.Iy eXisting 

R 336.2901. R 336.2$03. R 330.2900 to be with the toderal requi

Review t>ennittini::l)rocrnzn. Title40 oftbe Code of Federal Regut3.ti!)ns, Sectioll 

'l'be public. hc::uinewill be held on Thursday, August9. .9:00 n.m. in the 

Constitution Ball, 3t'd floor.south, S2S Str.::et,. L:lnsing, Mkblg:m. 

Copies of the proposed rules can be downloaded L"''m the Int<::rc.« at 

'I'hcsc rules 

the Internet through the Omee Reinvention 

m:tY be obtained by L:u:tslng: office ut: 

Division 

M'iehigan Quality 

P.O. Box 30260 

L:l.11$ing, ilficb.lga.n 4$09-7760 

Phone:517-373-7069 

FllX: 517-335-4.729 

All intere.skd. petSOns :1re invited to .and present their views. It i::t: 

submitted in wriling f'Ol:' the Wl:lble to ;rncy subm

above. Writtc:n eomm.ents: must be received .by S:OO p.m.., Thursd.ay,Aut<

Pel"SSns needing aeeommodati.ons f'ol:' ertective P<u"ticipaUon in the s

Division one week in to reQUest mobility, visual, he::u-io.

This .c.otlee or public h0nri.cg is given in :.ceord=ee with Sections 41 42 

Procedures Act. 1969 PA 3(16, as :unCDded, being: Soetions 24.241 nnd 24.242 of 

Admin.lstration or the rules is by authority eonf¢tted on the Dircetor or the D

E'xeeutive Or del:' No. :!Oll-1. These rules will beeome effective imnleili:JotelY 

ofSbte. 

G .. 

· 
The Mining Journar . Upper Michigan's Largest Da!ll' 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 oi MARQUETTE 

In the matter of: Notice of Public Hearing 

Department &f Environm~nt~l Quality 

Air Quality IJivision · ·, 

Administrative Rules·· Air Pollution Control 

Cost: $130.50 

State of MICHIGAN, Count)• of Marquette ss. 

JAMES A. REEl'S 

being duly 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 copy of a 

notice which was published in said 

newspaper on the following date, or 

dates, to-wit 

July 9, 2012 

;~ "\.\~ . 

JAMES A. REEVS ·.. : 

Sub~Z;ibed and sworn to before me this 9'" da)' of July, 2012. 

'· 

AMYL. BOI:ID 

Notary-Public for Marquette County, Michigan 

Acting In the County of Marquette 

My commission expires: Jul\• 3, 2013. 

AFFIDAVIT OF PUBLICATION 

.. : 
I 

l 

·. ·· The Mining Journal 78 

NOTICB 01' IJUBLIO 

HEARING D~PART• 

MENT OF ENVIRON• 

MENTAL QUALITY 

AIR QUAIJTY DJ\'Io 

SION 

The Mlchklan Depart• 

ment ol EnWonm~lal 

Quality- {QEO), Air 

OUaJil)' oMsloit, vm 

eornl'uct a P\il:lo ccm· n'.ent period end heu· 

log oo pcOf!osed admlnlstraUve rule$ 

J'{cmuJgatOO pU!.suant 

to Pact 6S, A.'r Pd!u· 

t1on CMtrot of !he Na· 

tural Reroorce.s and 

EnWonmental Pcotec· 

lion h~ 1994 PA 451, .. anwded (Ad 451) 

lot 1M f01b'Mng Me 

re\isbru: 

Air · Pollution Control 

Rote (ORA 2011.012 

EO) Put 1 to mo<lly 

\he eldsllog defNforl 

In Nr Po!ui¢11 eon•~ 

Role R 00$.1119 (o) ·s~nr, to acM a &.'$ill~ant:& Uveshold 

lot ~ MN PM2.5 P:QI• fu!an~ end amend· lhe 

e:dsr-fl9 def'J1J(oo ln A 

3:l8.f122 (I) 'Volafle 

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gible ftat!Mtf, 

Atr Pollullon Coi1UOI R~o (ORR 2<111.001 . EO) Put 6, to mcdly ex!stllg 1-ago In 

AJt P<*tul!-)f'l ContcoC 

Rule :)38.1618 to eta!· 

fly the r~u!rentenl$ 

fol use of cti~ as· phaJ"t. !tl paW!g and ~atchlng o~arallons 

durlnQ lhe May 1 to Septe1nbef 30 OZOfi& 

UILSOCI In the ~tala fll 

Mfet\lgan, Including A<1<Jn9 p<O'oislol!l$ IO< 

emuls!llad asphaUs 

that haVe Vef/ tow 

volat1o Of9Mb ~ 

poundeont~L 

AJt Poilutfon Control 

R!l..es {OM 2011-035 

EO) P.vt 16 lo modi~ 

eldsll'og language In 

Nt Polu!OO Ccottot 

Ru'M R ~2SOI, R a3o.geoa, A :)36~009 •. A G36~616 

kl ba CCM-ts!en1 Wh 

lhtt -federal require· 

ments fur Qle Prevenllon of Slgnll/oanl Oe!elloradon_. _of f'Jr a~. lit's 40 or the . c«fio ·'oi•Fe<fti>l' R" 

gu\allo~~'·~\~:.~~.IJ~-~ 

Air Po!lullon Control 

Rl4s {OAR 2011-036 

EO) Put 19 I<> mo<lf'/ 

•l<htllg lanQ<Jage In 

Alf PoDuUori Control 

Ru!es A 336.2001, A 

33G.2003, R 3.'36'.ma 

(() be IX'Mis.fenl Wf"th 

the federal req_u!le· monts -for lhs New 

Source RaY.ew per· ~ program, Trt.~ 

-40 Of tho . Code <ll - Federal Regulations, Settoo 61.1&5, 

'Tho ~ ~;.,rtog v.<J 

be held oo ll!wsday, Augu$1 9, 2012.a1 900 a.m. ln lhe UH!an 

Hal¢her coflferenco . room, · Conslllullon 

Hall', $td flOO{ · &OO!h, 

626 Afl_eg~ry $tree!, 

l~lng,~an.-

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goy ~"'· • . t • . 

11\e.$6 Mes CM e.fso be 

· -ed hom· 1/lo · fn!Omlll through the : Olke of Rllgu!ato;y· AOinvenllon a1 

· hl\>1ollmv.ml:hJg<ri. • . 

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C>liY:eal: • .. M <;mll( OM$ \lit ' · Mkhlgai) O_epartmenl of 

EnW«tmen!al Qual'lty P.O."Box 00260 

Laoelng, Mtchlgan l$909·7160 . Phone: 617-373-7000 

Fcre 617-335--4729 

All· lnter&st!Jd per&ons are. lo'tiled 1o at!end ana presoot -their ~·II ls. ·reqoosted !hat an etalemeilts bo · subirllled h l'olil\og I« 

the heating record. Any¢~! tmbte lo. ·at· 

·terid rnay a\lbn'Jt com· menls In V!!Wng 1o the 

a&kos-9 abtJ.ve. Wn1· 

1M tom~JJt~nl.s must b$ 

!<>«Ned by 5:00 r.m., ThuMa)~, ·.A~ 9, 

2012. . 

Pers«a nt~ accom- mod'a~ fOI elfecti\'e 

part!elpal!on !n !he mea~ng $-ho~Jld cOn· 

tact !he NJ OUal!y DiviSion . at 

617·.373·7069 one week In a~ 1o t~ · 

O,U$$1 moblif'/. >MuaJ, _heaMg,_ 01 Olher as. slslanco. 

This .. noUco of pubf!Q 

heM'\9 ts QN-en h ac- cordoln<:a with See· - 41 Gild 42 .r Mf¢h!gan's Admlnls· 

II'Alh'e Procedwes Nil. 

1969 . PA 306, as · arMnded, txt!ng Sec· 

lions 24.241 and 

24.242 of !he ll.!tngan C«ro'-'d l•ws. 

Mm.Wslradco of lho . nl~ ls tJJ au\horitf 

oonfanad on the 

Olf«tot ollhe OEQ by S~ 6512 of Act 

451 and Exe¢lltlve 

Order No~ 2011·1. 

Theso n/,es wll b&- coma ellective frn· • medlatlll)' aller rillig . \'tWI !he Sffie!aly "Of 

State. 

-t~~~i:i;r~~Y~tlr::, 1 time 

07--09·2012 
Michigan 

Register 

Published pursuant to § 24.208 of 

The Michigan Compiled Laws 

lssueNo.I3-2012 

(This issue, published August I, 2012, contains 

documents filed from July 1, 2012 to July 15, 20 12) 

Compiled and Published by the 

Office of Regulatory Reinvention 
CONTENTS 

PROPOSED ADMINISTRATIVE RULES, 

NOTICES OF PUBLIC HEARINGS 

Department of Environmental Quality 

Air Quality Division (20 11-0 12) 

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

Hearing Notice .................................................................................................................. 13-14 

Department of Environmental Quality 

Air Quality Division (2011-031) 

Pmi 6 Emission Limitation and Prohibitions Existing Sources of 

Volatile Organic Compound Emissions ............................................................................ 15-16 

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

Department of Environmental Quality 

Air Quality Division (20 11-035) 

Pmi 18 Prevention of Significant Deterioration of Air Quality ........................................ 19-34 

Hearing Notice .................................................................................................................. 35-36 

Department of Environmental Quality 

Air Quality Division (20 11-036) 

Part 19 New Source Review for Major Sources Impacting 

Nonattainment Areas ........................................................................................................ 37-49 

Hearing Notice .................................................................................................................. 50-51 

.MICHIGAN ADMINISTRATIVE CODE TABLE 

Table (2012 Session) ............................................................................................ , ....................... 53-57 

CUMULATIVE INDEX 

Cumulative Index (2012) .............................................................................................................. 58-60 

BILLS SIGNED INTO LAW OR VETOED 

Appendix Table I (20 12 Session) (Legislative Service Bureau Pages (1-29) .............................. 61-61 
ATTACHMENT F 
Department of Environmental Quality 

Opening Statement 

By: Mike Jackson, Hearing Officer 

August9, 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. 

Fallowing 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 briefly 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 today's hearing is to give anyone interested in the proposed rules an 

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

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 5:00 p.m. Any and all 

comments received by 5:00 p.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 5:00p.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 EQ, ORR 2011-035 EQ, ORR 2011-036 EQ 

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. 

PURPOSE FOR THE PROPOSED RULES AND BACKGROUND 

Part 1 revisions 

The revisions to R 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 toR 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 PM2_5 

and ozone precursors are necessary for the USEPA 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 USEPA's approval of our major source New Source Review 

State Implementation Plan. 

Part 19 revisions 

Revisions to rules R 336.2901, R 336.2903 and R 336.2908 to address 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 toR 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 PM2.

5 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 USEPA as a revision to the State Implementation 

Plan. 

Prepared by: Robert Irvine, Supervisor 

Strategy Development Unit 

Air Quality Evaluation Section 

Air Quality Division, DEQ 

July 31, 2012 
UN!Tf'fl STI\ IT'.S EN\IIHONMHffAL PfWTEGT!ON AGENCY 

liEGIONl> 

Carrie Barr 

Air Quality Division 

ll WES I ,JIIGI<c;ON fl0UU:VAI1D 

CHICt\GD, IL 1>0601-:3[)!)0 

JUL 3 1 2012 

Michigan Department of Environmental Quality 

P.O. Box 30260 

Lansing, Michigan 48909 

Dear Ms. Ban: 

We have reviewed the draft amendments to the prevention of significant deterioration (PSD) 

rules from the Michigan Department of Environmental Quality (MDEQ). We have the following 

comments, specilic to the explicit identification of nitrogen oxides (NOx) as a precursor to 

ozone, consistent with EPA's "Final Rule to Implement tl1e 8-Hour Ozone National Ambient Air 

Quality Standard- Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments 

Relating to New Source Review and Prevention of Significant Deterioration as They Apply in 

Carbon !v!onoxide, Particulate Maller, and Ozone NAAQS; Final Rule for Refommlated 

Gasoline" (Phase 2 Rule). 

TI1e Phase 2 Rule obligated states, including Michigan, to revise their PSD programs to explicitly 

identifY NOx as a precursor to ozone. This requirement, codified in 40 CFR 51. I 66 and 40 CFR 

52.21, consisted of the following: 

40 CFR 51.166 (b)(l)(ii): A 1111\ior source that is major for volatile organic compounds 

or NOx shall be considered major for ozone; 

40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as defined at paragraph 

(b)(39) of this section) from any emissions units or net emissions increase (as defined in 

paragraph (b)(3) of this section) at a major stationary source that is significant for volatile 

organic compounds or NOx shall be considered significant for ozone; 

40 CFR 51.166 (b)(23)(i): Significant means, in reference to a net emissions increase or 

the potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates: 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides; 
40 CFR 51.166 (b)(49)(i): Any pollutant for which a national ambient air quality 

standard has been promulgated and any constituents or precursors for such pollutants 

identified by the Administrator (e.g., volatile organic compounds and NOx) are 

precursors for ozone; and 

40 CFR 51.166 (i)(S)(i)(e) footnote 1: No de minimis air quality level is provided for 

ozone. However, any net emissions increase of 100 tons per year or more of volatile 

organic compounds or nitrogen oxides subject to PSD would be required to perform an 

ambient impact analysis, including the gathering of air quality data. 

EPA observes that MDEQ's May 8, 2012, draft PSD regulations contain revisions addressing 

each of the Phase 2 Rule's requirements, except for the requirement associated with 40 CFR 

51.166(b)(23)(i). The definition of"Significant" includes 40 tons per year or more of volatile 

organic compounds or NOx. We recommend that MDEQ revise the definition contained in R 

336.2801 (qq) (i) (G) to read: 

"In reference to a net emissions increase or the potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or exceed any of the following pollutant emission 

rates: 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides." 

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 
Public Hearing 

Comments and AQD Response 

During the public comment period and after the public hearing no comments were received from the 

industry or any concerned citizen, except EPA. 

After the Public Hearing the following comments were received from EPA: 

The U.S. EPA submitted a comment suggesting adding the tetm "or nitrogen oxides" as an ozone 

precursor along with volatile organic compound in R 336.280l(qq)(i)(G). 

AQD Response: The AQD agrees with this change. A similar change has been made in other places 

in this patt, but was missed in R 336.280l(qq)(i)(G). 
ATTACHMENT G 
Agency Repmt to the 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

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

promulgating the rules. Please send an electronic copy of this form to the Office of Regulatory 

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 rules. 

Please be sure to send to the ORR proofs of publication for the three newspaper advertisements 

required by MCL 24.242(1). You may mail them or send them as a scanned attachment. 

Title of rules: 

I Part 18. Prevention of Significant Deterioration of Air Quality 

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

Bob Irvine, 517-373-7042 or irviner@michigan.gov 

Mary Maupin, 517-373-7039 or maupinm@michigan.gov 

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

Fax: 517-373-1265 

2. Pur ose for the ro osed rules and back round: 

To modifY the existing language in R 336.280 I, R 336.2803, R 336.2809, and R 336.2816 to be 

consistent with the federal re uirements. 

3. Summary of proposed rules: 

ModifY existing language in R 336.2801, R 336.2803, R 336.2809, and 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. 

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 U er Peninsula : 

The Mining Joumal, July 9, 2012; The Oakland Press, July 9, 20 12; and Lansing State Joumal, 

Jul 9,2012. 
5. Time, date, location and duration of ublic hearin 

Au ust 9, 2012; 9:30am to 10:00 am. 

6. Date of ublication of rules and 

August I, 2012. 

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

representative[ s]): 

Vince Hellwig, Chief, AQD; Bob Irvine, AQD; Mary Maupin, AQD; Asad Khan, AQD; Carrie 

Barr, Rule Liaison, AQD; Mike Jackson, Chief, Administration Section, AQD; and Dave Fiedler, 

Regulatory Affairs Officer, DEQ. 

None. 

The United States Enviromnental Protection Agency (U.S. EPA) submitted a comment 

su estin a sli ht revision toR 336.2801. 

The U.S. EPA submitted a comment suggesting adding the term "or nitrogen oxides" as an ozone 

precursor along with volatile organic compound in R 336.280l(qq)(i)(G). 

AQD Response: The AQD agrees with this change. A similar change has been made in other 

laces in this art, but was missed in R 336.2801( i G. 

Date report completed: 

I September 10, 2012 

(ORR-JCAR May 20 II)