reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 15 - EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY › Section R. 336.2505 - Baseline and coal analysis for input mercury levels

Current through Vol. 24-12, July 15, 2024
Rule 1505.
(1) The
				default baseline coal and fuel analysis for input mercury levels shall be based
				on the data collected for the 1999 information collection request (ICR) as
				required by and submitted to the United States environmental protection
				agency.
(2) The owner or operator
				of an affected EGU complying with this part may submit a coal and other fuel
				sampling plan to determine alternative input mercury baseline levels for the
				fuels burned on an annual basis. The coal and other fuel sampling plan shall
				include sampling for a minimum of 12 months of operation and may include a
				determination for a mercury pretreatment credit. Both of the following apply:
(a) The coal and other fuel sampling plan is
				subject to the review and approval of the department. If the department
				determines the plan does not contain adequate sampling methodologies, then the
				department may disapprove the plan, state its reasons for disapproval, and
				require the affected EGU to revert to the baseline as determined under subrule
				(1) of this rule.
(b) Within 180
				days after the department approves a coal and other fuel sampling plan, the
				owner or operator of the EGU shall implement the plan.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 15 - EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY › Section R. 336.2506 - Extensions to mercury emission standards

Current through Vol. 24-12, July 15, 2024
Rule 1506.
(1) The
				owner or operator of an affected EGU may request, in writing, an extension, as
				described below, to the provisions in R 336.2503(1), (2), or (3) which are
				effective April 16, 2015. An extension approved by the department will expire
				on April 15, 2016, or earlier as determined by the department, unless a renewal
				is granted as specified in subrule of this rule or the extension is granted as
				specified in subrule (7) of this rule.
(a) The
				owner or operator of an existing EGU shall submit an administratively complete
				extension request not later than the end of June, before the applicable
				compliance year.
(b) An
				administratively complete request shall include, at a minimum, information on
				the mercury emission control technologies installed to comply with R
				336.2503(1), (2), or (3) a proposed compliance program.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 15 - EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY › Section R. 336.2508 - Eligibility provisions and prohibitions for mercury program

Current through Vol. 24-12, July 15, 2024
Rule 1508.
(1) For
				mercury emissions to be eligible for source-wide averaging or source-wide
				pooling in a 12-month rolling average basis or time period as determined at the
				end of each calendar month, the emissions must be generated in the same
				month.
(2) If source-wide averaging
				or source-wide pooling is used under R 336.2503(4)(b) in the compliance
				demonstration plan, the effect of a failure to demonstrate compliance with the
				cumulative mercury emission limit will be that the compliance status of each
				EGU must be determined on an individual basis, as if no averaging or pooling
				plan existed.
(3) Mercury emissions
				from an affected EGU, under R 336.2503(4), may only be averaged or pooled
				within a single compliance demonstration plan per 12-month rolling average
				basis or time period as determined at the end of each calendar month.
(4) Mercury emission limits received as part
				of an approved multi-pollutant compliance demonstration project, an extension
				demonstration, and for new EGUs shall not be available for the averaging or
				pooling methods allowed under R 336.2503(4)(b).
(5) For the Lansing Board of Water and Light,
				Eckert Power Station affected existing EGUs, the result of a failure to
				demonstrate compliance with the cumulative mercury emission limit will be that
				the compliance status of each EGU must be determined on an individual basis, as
				if no stationary source-wide pooling plan existed under R
				336.2504(2)(d).
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 15 - EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY › Section R. 336.2509 - Mercury compliance demonstration

Current through Vol. 24-12, July 15, 2024
Rule 1509.
(1) Not
				later than January 16 of the applicable compliance year, the owner or operator
				for each affected EGU shall submit the proposed compliance demonstration
				notification to the department meeting the notification requirements in 40
				C.F.R. 63.9, adopted by reference in R 336.1902.
(2) For each affected EGU, the submittal
				shall also include all of the following information:
(a) The emission rates with supporting
				calculations projected to be achieved in pounds or ounces per compliance
				year.
(b) Identification of any
				affected EGUs to be included in a source-wide averaging or source-wide pooling
				plan.
(c) A brief description of
				the method or methods used to control mercury emissions.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 15 - EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY › Section R. 336.2510 - Mercury emissions testing, monitoring, recordkeeping, and reporting

Current through Vol. 24-12, July 15, 2024
Rule 1510.
(1)
				Compliance with the mercury emission standards for each affected EGU under
				these rules shall be demonstrated using the testing, monitoring, recordkeeping,
				and reporting requirements of R 336.2001, R 336.2004, R 336.2104, R 336.2150, R
				336.2156, R. 336.2157 R 336.2158, R 336.2160, and R 336.2161 using calculation
				methodologies acceptable to the department.
(2) Performance tests required by subrule (1)
				of this rule shall be conducted within 60 days following receipt of written
				notification from the department, unless otherwise authorized by the
				department. All of the following apply:
(a)
				Performance tests shall be conducted and data reduced according to the
				reference test methods in R 336.2004.
(b) Not less than 7 days before performance
				tests are conducted, the owner or operator, or his or her authorized agent,
				shall notify the department, in writing, of the time and place of the
				performance tests and who shall conduct them. A representative of the
				department shall have the opportunity to witness these tests.
(c) Results of performance tests shall be
				submitted to the department in the format prescribed by the applicable
				reference test method within 60 days after the last date of the test.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 15 - EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY › Section R. 336.2513 - Alternative compliance demonstration project for VLME units

Current through Vol. 24-12, July 15, 2024
Rule 1513.
(1)
				Existing EGUs that qualify as VLME units shall implement an approved
				alternative compliance demonstration project under R 336.2503(3), as approved
				by the department, in lieu of complying with the requirements under R
				336.2503(1), effective April 16, 2015. Both of the following apply:
(a) The owner or operator of a VLME unit
				shall submit a plan for alternative compliance demonstration projects not later
				than the end of June before the applicable compliance year. The plan shall
				include, at a minimum, a description of the alternative mercury
				reduction/management systems, community outreach and education programs,
				project goals or reduction targets, and compliance tracking systems. A
				demonstration project of a mercury-specific emission control technology that
				has been implemented 3 years prior to April 16, 2015 may qualify as the minimum
				plan requirement.
(b) The plan
				shall be subject to the review and approval of the department. The department
				may disapprove the plan, state its reasons for disapproval, and require the
				existing EGU to demonstrate compliance with 1 of the other methods under R
				336.2503(1) or (2) for the applicable compliance year.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 16 - RESCINDED - ORGANIZATION, OPERATION, AND PROCEDURES

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR QUALITY DIVISION
AIR POLLUTION CONTROL
By Authority conferred on the director of the department of
				  environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503
				  and MCL 324.5512
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 17 - RESCINDED - HEARINGS

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR QUALITY DIVISION
AIR POLLUTION CONTROL
By Authority conferred on the director of the department of
				  environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503
				  and MCL 324.5512).
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2801 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1801. 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 from 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 plant wide 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 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.
(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.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2802 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1802.
(1) This
				part applies to the construction of a new major stationary source or a project
				at an existing major stationary source in an area designated as attainment or
				unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the clean air
				act.
(2) The requirements of
				R
				336.2810 to
				R
				336.2818 apply to the construction of any new major
				stationary source or the major modification of any existing major stationary
				source, except as this rule otherwise provides.
(3) No new major stationary source or major
				modification to which
				R
				336.2810 to
				R
				336.2818(2) apply shall begin actual
				construction without a permit to install issued under
				R
				336.1201(1)(a) that states that the
				major stationary source or major modification will meet those
				requirements.
(4) This part applies
				to the construction of new major sources and major modifications to existing
				major sources in the following manner:
(a)
				Except as otherwise provided in subrule (5) of this rule, and consistent with
				the definition of major modification, a project is a major modification for a
				regulated new source review pollutant if it causes both of the following types
				of emissions increases:
(i) A significant
				emissions increase.
(ii) A
				significant net emissions increase. The project is not a major modification if
				it does not cause a significant emissions increase. If the project causes a
				significant emissions increase, then the project is a major modification only
				if it also results in a significant net emissions increase.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2803 - Ambient air increments

Current through Vol. 24-12, July 15, 2024
Rule 1803. In areas designated as class I, II, or III,
				  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-10, 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 arithmetic mean
2
24-hour maximum
5
3-hour maximum
25
Nitrogen dioxide:
Annual arithmetic mean
2.5
CLASS I
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 arithmetic 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 annual period, the applicable
				  maximum allowable increase may be exceeded during 1 period per year at any 1
				  location.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2804 - Ambient air ceilings

Current through Vol. 24-12, July 15, 2024
Rule 1804. The concentration of a pollutant shall not exceed
				  either of the following:
(a) The
				concentration permitted under the national secondary ambient air quality
				standard.
(b) The concentration
				permitted under the national primary ambient air quality standard, whichever
				concentration is lowest for the pollutant for a period of exposure.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2805 - Restrictions on area classifications

Current through Vol. 24-12, July 15, 2024
Rule 1805.
(1) All
				of the following areas in existence on August 7, 1977, shall be class I areas
				and shall not be redesignated:
(a)
				International parks.
(b) National
				wilderness areas which exceed 5,000 acres in size, including Seney National
				Wildlife Refuge.
(c) National
				memorial parks which exceed 5,000 acres in size.
(d) National parks which exceed 6,000 acres
				in size, including Isle Royale National Park.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2806 - Exclusions from increment consumption

Current through Vol. 24-12, July 15, 2024
Rule 1806.
(1) The
				following concentrations shall be excluded in determining compliance with a
				maximum allowable increase:
(a) Concentrations
				attributable to the increase in emissions from stationary sources which have
				converted from the use of petroleum products, natural gas, or both, by reason
				of an order in effect under section 2 (a) and (b) of the Energy Supply and
				Environmental Coordination Act of 1974 over the emissions from the identical
				sources before the effective date of the order.
(b) Concentrations attributable to the
				increase in emissions from sources which have converted from using natural gas
				by reason of natural gas curtailment plan in effect under the Federal Power Act
				over the emissions from sources before the effective date of the
				plan.
(c) Concentrations of
				particulate matter attributable to the increase in emissions from construction
				or other temporary emission-related activities of new or modified
				sources.
(d) The increase in
				concentrations attributable to new sources outside the United States over the
				concentrations attributable to existing sources which are included in the
				baseline concentration.
(e)
				Concentrations attributable to the temporary increase in emissions of sulfur
				dioxide, particulate matter, or oxides of nitrogen from stationary sources
				which are affected by plan revisions approved by the United States
				environmental protection agency.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2807 - Redesignation

Current through Vol. 24-12, July 15, 2024
Rule 1807.
(1) All
				areas of the state, except those designated as class I pursuant to
				R
				336.2805 are designated as class II. Redesignation,
				except as otherwise precluded by
				R
				336.2805, may be proposed by the department, as
				provided in subrule (2) of this rule, subject to approval by the United States
				environmental protection agency as a revision to the state implementation
				plan.
(2) The department may submit
				to the United States environmental protection agency a proposal to redesignate
				areas of the state class I or class II, based on all of the following:
(a) At least 1 public hearing has been held
				under MCL 324.5511.
(b) Other
				states, Indian governing bodies, and federal land managers whose lands may be
				affected by the proposed redesignation were notified at least 30 days before
				the public hearing.
(c) A
				discussion of the reasons for the proposed redesignation, including a
				satisfactory description and analysis of the health, environmental, economic,
				social, and energy effects of the proposed redesignation, was prepared and made
				available for public inspection at least 30 days before the hearing and the
				notice announcing the hearing contained appropriate notification of the
				availability of such discussion.
(d) Before the issuance of notice respecting
				the redesignation of an area that includes any federal lands, the department
				has provided written notice to the appropriate federal land manager and
				afforded adequate opportunity, not more than 60 days, to confer with the
				department respecting the redesignation and to submit written comments and
				recommendations. In redesignating an area with respect to which a federal land
				manager had submitted written comments and recommendations, the department
				shall have published a list of any inconsistency between the redesignation and
				comments and recommendations, together with the reasons for making the
				redesignation against the recommendation of the federal land manager.
(e) The department has proposed the
				redesignation after consultation with the elected leadership of local and other
				substate general purpose governments in the area covered by the proposed
				redesignation.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2808 - Stack heights

Current through Vol. 24-12, July 15, 2024
Rule 1808. The degree of emission limitation required for
				  control of any air pollutant under this rule shall not be affected in any
				  manner by either of the following:
(a)
				So much of a stack height, not in existence before December 31, 1970, as
				exceeds good engineering practice.
(b) Any other dispersion technique not
				implemented before December 31, 1970.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2809 - Exemptions

Current through Vol. 24-12, July 15, 2024
Rule 1809.
(1) The
				requirements of
				R
				336.2810 to
				R
				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 to
				R
				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 from 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.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2810 - Control technology review

Current through Vol. 24-12, July 15, 2024
Rule 1810.
(1) A
				major stationary source or major modification shall meet each applicable
				emissions limitation under the state implementation plan and each applicable
				emission standards and standard of performance under 40 C.F.R. parts 60 and 61,
				adopted by reference in
				R
				336.1902.
(2) A new major stationary source shall apply
				best available control technology for each regulated new source review
				pollutant that it would have the potential to emit in significant
				amounts.
(3) A major modification
				shall apply best available control technology for each regulated new source
				review pollutant for which it would be a significant net emissions increase at
				the source. This subrule applies to each proposed emissions unit at which a net
				emissions increase in the pollutant would occur as a result of a physical
				change or change in the method of operation in the unit.
(4) For phased construction projects, the
				determination of best available control technology shall be reviewed and
				modified as appropriate at the latest reasonable time which occurs not later
				than 18 months before commencement of construction of each independent phase of
				the project. At such time, the owner or operator of the applicable stationary
				source may be required to demonstrate the adequacy of any previous
				determination of best available control technology for the source.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2811 - Source impact analysis

Current through Vol. 24-12, July 15, 2024
Rule 1811. The owner or operator of the proposed major source
				  or major modification shall demonstrate that allowable emission increases from
				  the proposed major source or major modification, in conjunction with all other
				  applicable emissions increases or reduction, including secondary emissions,
				  shall not cause or contribute to air pollution in violation of either of the
				  following:
(a) Any national ambient
				air quality standard in any air quality control region.
(b) Any applicable maximum allowable increase
				over the baseline concentration in any area.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2812 - Air quality models

Current through Vol. 24-12, July 15, 2024
Rule 1812.
(1) All
				applications of air quality modeling involved in R 336.2801 to R 336.2819, R
				336.2823, and R 336.2830 shall use the methods specified in R
				336.1240.
(2) If an air quality
				model specified in R 336.1240 is inappropriate, then the model may only be
				modified or another model substituted with the written approval of the United
				States environmental protection agency. In addition, use of a modified or
				substituted model shall be subject to the notice and opportunity for public
				comment in R 336.2817.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2813 - Air quality analysis

Current through Vol. 24-12, July 15, 2024
Rule 1813.
(1)
				Pre-application analysis includes all of the following:
(a) Any application for a permit under this
				rule shall contain an analysis of ambient air quality in the area that the
				major stationary source or major modification would affect for each of the
				following pollutants:
(i) For the major
				source, each pollutant that it would have the potential to emit in a
				significant amount.
(ii) For the
				modification, each pollutant for which it would result in a significant net
				emissions increase.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2814 - Source information

Current through Vol. 24-12, July 15, 2024
Rule 1814.
(1) The
				owner or operator of a proposed major source or major modification shall submit
				all information necessary to perform an analysis or make a determination
				required under this rule.
(2)
				Information shall include all of the following:
(a) A description of the nature, location,
				design capacity, and typical operating schedule of the major source or major
				modification, including specifications and drawings showing its design and
				plant layout.
(b) A detailed
				schedule for construction of the major source or major modification.
(c) A detailed description as to what system
				of continuous emission reduction is planned by the major source or major
				modification, emission estimates, and any other information to determine that
				best available control technology, as applicable, would be applied.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2815 - Additional impact analyses

Current through Vol. 24-12, July 15, 2024
Rule 1815.
(1) The
				owner or operator shall provide an analysis of the impairment to visibility,
				soils, and vegetation that would occur as a result of the major source or major
				modification and general commercial, residential, industrial, and other growth
				associated with the major source or major modification. The owner or operator
				need not provide an analysis of the impact on vegetation having no significant
				commercial or recreational value.
(2) The owner or operator shall provide an
				analysis of the air quality impact projected for the area as a result of
				general commercial, residential, industrial, and other growth associated with
				the major source or major modification.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2818 - Source obligation

Current through Vol. 24-12, July 15, 2024
Rule 1818.
(1)
				Approval to construct shall not relieve an owner or operator of the
				responsibility to comply fully with applicable provisions of the state
				implementation plan and any other requirements under local, state, or federal
				law.
(2) If a particular major
				source or major modification becomes a major stationary source or major
				modification solely by virtue of a relaxation in any enforceable limitation
				which was established after August 7, 1980, on the capacity of the major source
				or major modification otherwise to emit a pollutant, such as a restriction on
				hours of operation, then the requirements of R 336.2810 to R 336.2819 shall
				apply to the major source or major modification as though construction had not
				yet commenced on the major source or major modification.
(3) All of the following provisions apply to
				any regulated new source review pollutant emitted from projects at existing
				emissions units at a major stationary source, other than projects at a major
				source with a plant wide applicability limit, where there is a reasonable
				possibility, as defined in R 336.2818(3)(f), that a project that is not a part
				of a major modification may result in a significant emissions increase of such
				pollutant, and the owner or operator elects to use the method specified in R
				336.2801(ll)(ii)(A) to (C) for calculating projected actual emissions:
(a) Before beginning actual construction of
				the project, the owner or operator shall document and maintain a record of all
				of the following information:
(i) A
				description of the project.
(ii)
				Identification of the emissions unit or units whose emissions of a regulated
				new major source review pollutant may be affected by the project.
(iii) A description of the applicability test
				used to determine that the project is not a major modification for any
				regulated new source review pollutant, including the baseline actual emissions,
				the projected actual emissions, the amount of emissions excluded under R
				336.2801(ll)(ii)(C) and an explanation for why such amount was excluded, and
				any netting calculations, if applicable.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 18 - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section R. 336.2819 - Innovative control technology

Current through Vol. 24-12, July 15, 2024
Rule 1819.
(1) An
				owner or operator of a proposed major stationary source or major modification
				may request the department to approve a system of innovative control
				technology.
(2) The department may,
				with notice to and advice from each affected state, determine that the major
				source or major modification may employ a system of innovative control
				technology, if all of the following occurs:
(a) The proposed control system would not
				cause or contribute to an unreasonable risk to public health, welfare, or
				safety in its operation or function.
(b) The owner or operator agrees to achieve a
				level of continuous emissions reduction equivalent to that which would have
				been required by R 336.2810(2), by a date specified by the department. The date
				shall not be later than 4 years from the time of startup or 7 years from permit
				issuance.
(c) The major source or
				major modification would meet the requirements equivalent to those in R
				336.2810 and R 336.2811, based on the emissions rate that the major stationary
				source employing the system of innovative control technology would be required
				to meet on the date specified by the department.
(d) The major source or major modification
				would not do either of the following before the date specified by the
				department:
(i) Cause or contribute to any
				violation of an applicable national ambient air quality standard.
(ii) Impact any area where an applicable
				increment is known to be violated.
(e) All other applicable requirements
				including those for public participation have been met.
(f) The provisions of R 336.2816, relating to
				class I areas, have been satisfied with respect to all periods during the life
				of the major source or major modification.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 19 - NEW SOURCE REVIEW FOR MAJOR SOURCES IMPACTING NONATTAINMENT AREAS › Section R. 336.2901 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1901. The following definitions apply to terms used in
				  this part. If a term defined here is also defined elsewhere in these rules,
				  then the definition contained here supersedes for this part only:
(a) "Actual emissions" means the actual rate
				of emissions of a regulated new source review pollutant from 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 plant wide applicability limit
				under
				R 336.2907. 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. The
				following shall 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 non-compliant emissions that occurred while the source
				was operating above any emission limitation that was legally enforceable during
				the consecutive 24-month period.
(C) For a regulated new source review
				pollutant, when a project involves multiple emissions units, only one
				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.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 19 - NEW SOURCE REVIEW FOR MAJOR SOURCES IMPACTING NONATTAINMENT AREAS › Section R. 336.2902 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1902.
(1) This
				part applies to the construction of each new major stationary source or major
				modification that is both of the following:
(a) Located in a nonattainment
				area.
(b) Major for the pollutant
				for which the area is designated nonattainment.
For areas designated as nonattainment for ozone, this part
				  shall apply only to any new major stationary source or major modification that
				  is major for volatile organic compounds or nitrogen oxides.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 19 - NEW SOURCE REVIEW FOR MAJOR SOURCES IMPACTING NONATTAINMENT AREAS › Section R. 336.2903 - Additional permit requirements for sources impacting nonattainment areas

Current through Vol. 24-12, July 15, 2024
Rule 1903.
(1) No
				new major stationary source or major modification shall be constructed in an
				area designated as attainment or unclassifiable for any national ambient air
				quality standard under section 107 of the clean air act, without first applying
				for a permit to install under R 336.1201(1)(a). The department shall not
				approve any permit to install that would cause or contribute to a violation of
				any national ambient air quality standard.
(2) A major source or major modification
				shall be considered to cause or contribute to a violation of a national ambient
				air quality standard when the source or modification would, at a minimum,
				exceed the following significance levels in table 191 at any locality that does
				not or would not meet the applicable national standard:
TABLE 191
Significance Levels
Averaging Time
Pollutant
Annual
24 hours
8 hours
3 hours
1 hour
Sulfur dioxide
1.0 ug/m3
5 ug/m3
25 ug/m3
PM-10
1.0 ug/m3
5 ug/m3
PM 2.5
0.3 ug/m3
1.2 ug/m3
Nitrogen dioxide
1.0 ug/m3
Carbon Monoxide
500 ug/m3
2000 ug/m3
(3) The owner
				of a major stationary source or major modification subject to this rule may
				reduce the impact of its emissions upon air quality by obtaining sufficient
				emission reductions to, at a minimum, compensate for its adverse ambient impact
				where the major source or major modification would otherwise cause or
				contribute to a violation of any national ambient air quality standard. In the
				absence of such emission reductions, the department shall deny the proposed
				construction.
(4) This rule shall
				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 located in a nonattainment
				area.
Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 19 - NEW SOURCE REVIEW FOR MAJOR SOURCES IMPACTING NONATTAINMENT AREAS › Section R. 336.2908 - Conditions for approval of a major new source review permit in a nonattainment area

Current through Vol. 24-12, July 15, 2024
Rule 1908.
(1) The
				department may only issue a permit approving the construction of a new major
				stationary source or major modification in a nonattainment area if the
				department has determined that the owner or operator of the major stationary
				source or major modification will comply with all of the provisions of this
				rule.
(2) The owner or operator of
				the proposed major stationary source or major modification shall provide an
				analysis of alternative sites, sizes, production processes, and environmental
				control techniques for the proposed major stationary source or major
				modification which demonstrates that the benefits of the proposed major
				stationary source or major modification significantly outweigh the
				environmental and social costs imposed as a result of its location,
				construction, or modification.
(3)
				The major stationary source or major modification shall comply with the lowest
				achievable emissions rate for each regulated new source review pollutant for
				which the area is designated as nonattainment.
(4) All stationary sources which have a
				potential to emit 100 or more tons per year of any air contaminant regulated
				under the clean air act, which are located in the state, and which are owned or
				controlled by the owner, operator, or an entity controlling, controlled by, or
				under common control with, the owner or operator of the proposed major
				stationary source or major modification shall be in compliance with all
				applicable local, state, and federal air quality regulations or and shall be in
				compliance with a legally enforceable permit condition or order of the
				department specifying a plan and timetable for compliance.
(5) Before the start-up of the new major
				stationary source or major modification, an emission reduction offset for each
				major nonattainment air contaminant shall be provided consistent with the
				following provisions:
(a) The baseline for
				determining credit for emissions reductions is the emissions limit under the
				state implementation plan in effect at the time the application to construct is
				filed, except that the offset baseline shall be the actual emissions of the
				source from which offset credit is obtained where either of the following
				occurs:
(i) The demonstration of reasonable
				further progress and attainment of ambient air quality standards is based upon
				the actual emissions of sources located within the nonattainment
				area.
(ii) The state implementation
				plan does not contain an emissions limitation for that source or source
				category.
Michigan Administrative Code › Department - Environmental Quality › Drinking Water And Municipal Assistance Division › Outhouses › Section R. 325.421 - Principles

Current through Vol. 24-12, July 15, 2024
Rule 1. All "outhouses," buildings or other structures which
				  are not connected with a sewerage system or with a properly installed and
				  operated sewage disposal system, and which are used for the reception,
				  disposition or storage, either temporarily or permanently, of feces or other
				  excreta from the human body, shall be constructed and maintained in such manner
				  as to conform at all times to the following:
(a) The receptacle for receiving and storing
				fecal matter shall be fly-tight and constructed in such manner and of such
				material as to afford reasonable assurance of remaining fly-tight under
				ordinary conditions of usage.
(b)
				The receptacle shall be so located as to prevent the pollution of private and
				public water supplies, lakes or streams; the overflow of the contents to the
				surrounding ground; and the flow of surface water into the receptacle. The
				receptacle should be convenient and accessible to use.
(c) The receptacle shall be constructed of
				such material and in such manner as to prevent rapid deterioration, to provide
				adequate capacity, and to facilitate maintenance in a satisfactory manner under
				ordinary conditions of usage.
(d)
				The outhouse receptacle should be vented so as to provide a continuous escape
				of odors through a screened vent.
(e) The outhouse shall be so maintained as to
				fulfill the foregoing principles at all times.
Michigan Administrative Code › Department - Environmental Quality › Drinking Water And Municipal Assistance Division › Outhouses › Section R. 325.422 - Minimum standards for earth-pit outhouses

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The pit
				should be located 100 feet or more from any well or other source of water
				supply and upon ground sloping away from the water supply, and should never be
				located less than 50 feet therefrom, unless upon special approval of the
				commissioner of the Michigan department of health; provided, however, that no
				pit shall be located within 200 feet of any source of groundwater used for a
				municipal water supply. No pit shall be located less than 2 feet from any lot
				or alley line or less than 25 feet from any lake or stream. In areas underlaid
				by limestone, or where fissured rock formations are common, or whenever
				groundwater is encountered in the construction of the pit, approval of the
				construction and location of the pit based upon special investigation of the
				conditions must be obtained from the commissioner of the Michigan department of
				health.
(2) The pit shall have a
				capacity of not less than 50 cubic feet per seat and be not less than 4 1/2
				feet or more than 6 feet deep, measured from the original ground surface. Where
				rock formations or groundwater are encountered at shallower depths, a mound may
				be constructed to permit a pit of sufficient depth.
(3) Sills shall be provided to form the
				support for the outhouse building. Pit curbings shall extend to the full depth
				of the pit unless in rock formation, in which case the lower section of the
				curbing may be omitted. The curbing should not support the building or the
				sills.
(4) Pit mounds shall be of
				well-tamped earth installed in thin layers, shall extend outward on the level
				for a distance of not less than 18 inches in all directions from the sills, and
				thence outward to meet the surrounding ground surface with a slope not greater
				than 1 vertical to 3 horizontal. Mounds should be covered with sod or otherwise
				protected against erosion.
(5) The
				floor and seat riser shall be built of impervious material or tongue and groove
				lumber, and in a manner to exclude insects. The seat riser shall be so
				constructed and bonded with the floor as to prevent seepage through the riser
				onto the floor.
(6) The seat
				opening shall be covered with a hinged lid.
(7) The pit should be ventilated from the
				riser to a point outside the building by a flue or vent having a
				cross-sectional area of not less than 12 square inches. The joints shall be
				tight and the opening screened with 16 mesh screening, preferably of
				copper.