Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 8 - EMISSION LIMITATIONS AND PROHIBITIONS- OXIDES OF NITROGEN › Section R. 336.1810 - Allowance apportionments under NOx budget program

Current through Vol. 24-12, July 15, 2024
Rule 810.
(1) The
				department shall establish a budget program for the ozone control period for
				NOx budget units and located within the Michigan fine grid zone. Total NOx
				emission apportionments are limited to 2,209 tons, for each ozone control
				period.
(2) Pursuant to
				R 336.1802(1), the
				department shall apportion a benchmark of NOx emissions for each NOx budget
				unit that will be used for comparison to actual NOx emissions from the NOx
				budget units at the source. The benchmarks will be apportioned and maintained
				as follows:
(a) For NOx budget units that
				commence operation before May 1, 2020, these units must have a combined budget
				of 1,699 tons, except when the budget is modified as described in subrule
				(2)(d) of this rule.
(b) For any
				new NOx budget unit commencing operation after May 1, 2020, or any unit the EPA
				designates as a NOx SIP call subject source after May 1, 2020, the department
				shall establish a benchmark apportionment from the new unit set-aside pool for
				each ozone season control apportionment year of 510 tons, or the most current
				new unit set aside pool as established in subrule (2)(d) of this
				rule.
(c) Benchmark apportionments
				for all NOx budget units and sources are maintained and made available by the
				department and updated annually by April 1. These benchmark apportionments are
				established according to the requirements described in subrules (2)(a), (2)(b)
				and (2)(d) of this rule, and use a combination of federally enforceable permit
				limits, maximum nameplate capacities with an appropriate emission factor,
				physical limitations, and other attributes of the unit or process as
				applicable. This budget establishes a benchmark apportionment for each active
				NOx budget unit that is summed by source to create a NOx budget source total
				benchmark apportionment. Bases for the established budgets and adjustments to
				those budgets are included with the benchmark apportionment information that is
				made available.
(d) The new unit
				set aside pool and associated apportionment budget are updated as appropriate
				in the following ways:
(i) For any new NOx
				budget unit as described in subrule (2)(b) of this rule, the department shall
				establish a NOx emission limit for the ozone period based on federally
				enforceable conditions in a permit to install. The department shall include
				appropriate monitoring, recordkeeping, and reporting requirements for ozone
				season NOx emissions within the issued permit.
(ii) For units that are permanently retired
				the responsible official for the NOx budget source shall do one of the
				following:
(A) Notify the department's air
				quality division within 30 days of the NOx budget unit's permanent retirement
				and not emit any NOx from the retired unit starting on the date that the unit
				is permanently retired. They will then have their corresponding benchmark
				apportionments revoked and added to the new unit set aside pool described in
				subrule (2)(b) of this rule at the end of the calendar year unless the facility
				meets the requirements of subrule (2)(d)(ii)(B) of this rule. The source total
				benchmark apportionment in the budget will be adjusted accordingly.
(B) Identify at the time of retirement of any
				NOx budget unit installed before May 1, 2020, if the facility would like to
				transfer the retired units' apportionments to new units installed in the same
				ozone season,
(iii) If
				ownership of a NOx budget unit of NOx budget source is transferred as described
				in
				R 336.1219, all associated unit
				benchmark apportionments transfer with the unit to the new owner.