Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 9 - EMISSION LIMITATIONS AND PROHIBITIONS -MISCELLANEOUS › Section R. 336.1915 - Enforcement discretion in instances of excess emissions resulting from malfunction, start-up, or shutdown

Current through Vol. 24-12, July 15, 2024
Rule 915.
(1) In
				determining whether the department will pursue enforcement against a person,
				the department shall consider evidence that the emission violations resulted
				from a malfunction, start-up, or shutdown.
(2) If the department determines that the
				emission violations resulted from a malfunction, start-up, or shutdown, then
				the department may use enforcement discretion when resolving the emission
				violations based upon subrules (3) and (4) of this rule, as
				applicable.
(3) A person may submit
				evidence to the department for its consideration in determining that the
				emission violations resulted from a malfunction. The evidence shall demonstrate
				all of the following, as applicable:
(a) The
				excess emissions were a result of a sudden and unavoidable breakdown of process
				or control equipment, beyond the reasonable control of the person.
(b) The air pollution control equipment,
				process equipment, and processes were maintained and operated in a manner
				consistent with good practice for minimizing emissions, to the maximum extent
				practicable.
(c) The excess
				emissions caused by a bypass (an intentional diversion of control equipment)
				were unavoidable to prevent loss of life, personal injury, or severe property
				damage.
(d) Repairs were made in an
				expeditious fashion when the person knew or should have known that applicable
				emission limitations were being exceeded. To the extent practicable, off-shift
				labor and overtime shall have been utilized to ensure that the repairs were
				made expeditiously.
(e) The amount
				and duration of excess emissions, including any bypass, were minimized to the
				maximum extent practicable during periods of the emissions.
(f) All reasonably possible steps were taken
				to minimize the impact of the excess emissions on ambient air
				quality.
(g) The excess emissions
				resulting from the malfunction were not part of a recurring pattern indicative
				of inadequate design, operation, or maintenance.
(h) The malfunction was an infrequent event
				and was not reasonably preventable.
(i) All emission monitoring systems were kept
				in operation if at all possible.
(j) The person responsible for operating the
				source of air contaminants has a malfunction abatement plan, consistent with
				the requirements set forth in R 336.1911(2) and with both of the following
				provisions:
(i) Any malfunction abatement
				plan developed in accordance with R 336.1911(2) shall be maintained onsite and
				available for inspection, upon request, by the department for the life of the
				emission unit or units. The department may require that the person responsible
				for the malfunction abatement plan make revisions to the plan. The person shall
				revise the malfunction abatement plan within 45 days after a request by the
				department. The revised malfunction abatement plan shall be developed in
				accordance with R 336.1911(2).
(ii)
				If the malfunction abatement plan fails to address or inadequately addresses an
				event that meets the characteristics of a malfunction at the time the plan is
				initially developed, then the person shall revise the malfunction abatement
				plan within 45 days after the event occurs. The revised malfunction abatement
				plan shall be developed in accordance with R 336.1911(2).
(k) The excess emissions presenting an
				imminent threat to human health, safety, or the environment were reported to
				the department as soon as possible. Unless otherwise specified in the
				facility's permit, other excess emissions were reported as provided in R
				336.1912. If requested by the department, a person shall submit a full written
				report that includes the known causes, the corrective actions taken, and the
				preventive measures to be taken to minimize or eliminate the chance of
				recurrence.
(l) The actions during
				the period of excess emissions were documented by contemporaneous operating
				logs or other relevant evidence as provided by R 336.1912.
(m) Any information submitted to the
				department under this subrule shall be properly certified in accordance with
				the provisions of R 336.1912.