DEPARTMENT OF
ENVIRONMENTAL QUALITY, GREAT LAKES, AND ENERGY
AIR QUALITY DIVISION
AIR POLLUTION CONTROL
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Nos. 1995-16, 2009-31, and 2011-1, MCL 324.99903, 324.99919, and 324.99921)
R 336.1902 and R 336.1974 of the Michigan Administrative Code are amended, as follows:
PART 9. EMISSION LIMITATIONS AND PROHIBITIONS - MISCELLANEOUS
R 336.1902 Adoption of standards by reference.
Rule 902. (1)
The following standards are adopted by reference in these rules. Copies are
available for inspection and purchase at the Air Quality Division, Department
of Environmental Quality, Great Lakes, and Energy, 525 West
Allegan Street P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost
as of the time of adoption of these rules (AQD price). Copies may also be obtained
from the U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington,
DC 20401, or by accessing their online bookstore at http://www.ecfr.gov at a
cost as of the time of adoption of these rules (GPO price). The standards can
also be viewed and/or printed free of charge at http://bookstore.gpo.gov.
(a) “National
Primary and Secondary Ambient Air Quality Standards,” 40 C.F.R. Part CFR
part 50 (20179), AQD price $61.00/$51.00 GPO price for part
Part 50 through to Part part 51.
(b) The
following sections of “Requirements for Preparation, Adoption, and Submittal of
Implementation Plans,” 40 CFR part C.F.R. Part 51 (20179),
AQD price $61.00/$51.00 GPO price for Part part 50 through
to part Part 51:
(i)
“Definitions,” 40 CFR C.F.R. §51.100.
(ii) “Legally
enforceable procedures,” 40 CFR C.F.R. §51.160.
(iii) “Permit
requirements,” 40 CFR C.F.R. §51.165.
(iv) “Prevention
of significant deterioration of air quality,” 40 CFR C.F.R. §51.166.
(v) “Protection
of Visibility,” 40 CFR C.F.R. §51.301 to through §51.309.
(vi) “Sources
That Would Locate in a Designated Nonattainment Area,” appendix Appendix
S.
(vii) “Recommended
Test Methods for State Implementation Plans,” appendix Appendix M.
(viii) “Guideline
on Air Quality Models,” appendix Appendix W.
(ix) “Guidelines
for BART Determinations under the Regional Haze Rule,” appendix Appendix Y.
(c) “Prevention
of Significant Deterioration of Air Quality,” 40 C.F.R. §52.21 The
following sections of “Approval and Promulgation of Implementation Plans” 40 CFR
part 52 (20179); AQD price $74.00/$64.00 GPO price for Part
part 52 (52.01 to through 52.1018).
(i) “Prevention of Significant Deterioration of Air Quality,” 40 CFR 52.21.
(ii) “Capture Efficiency Test Protocols,” 40 CFR 52.741.
(d) “Quality
Assurance Requirements for Prevention of Significant Deterioration Air Monitoring,”
40 CFR part C.F.R. Part 58, appendix Appendix B (20179);
AQD price $46.00/$36.00 GPO price for Part part 53 through
to Part part 59.
(e) “Standards
of Performance for New Stationary Sources,” 40 CFR part C.F.R. Part
60, except 40 C.F.R. Part 60, Subpart AAA, “Standards of Performance for
New Residential Wood Heaters” subpart A to WW (20179);
AQD price $74.00/$64.00 GPO price for part Part 60 (60.1
to end60.499).
(f) “Standards of Performance for New Stationary Sources (Continued),” 40 CFR part 60, subpart XX to end, except 40 CFR part 60, subpart AAA, “Standards of Performance for New Residential Wood Heaters” (2019); AQD price $74.00/$64.00 GPO price for part 60 (60.499 to end).
(fg)
40 C.F.R. Part CFR part 60 Appendices appendices A,
B, and F (20179); AQD price $73.00/$63.00 GPO price for Part
part 60 appendices Appendices.
(gh)
“National Emission Standards for Hazardous Air Pollutants,” 40 C.F.R. Part
CFR part 61 (20179); AQD price $61.00/$51.00 GPO price for
Part part 61 through to Part part 62.
(hi)
“National Emission Standards for Hazardous Air Pollutants for Source Categories,”
40 C.F.R. Part CFR part 63, Subpart subpart A to Z
(20179); AQD price $74.00/$64.00 GPO price for part 63 (63.1
to 63.599).
(ij)
“National Emission Standards for Hazardous Air Pollutants for Source Categories
(Continued),” 40 C.F.R. Part CFR part 63, Subpart subpart
AA to DDD (20179); AQD price $63.00/$53.00 GPO price for part
63 (63.600 to 63.1199).
(jk)
“National Emission Standards for Hazardous Air Pollutants for Source Categories
(Continued),” 40 C.F.R. Part CFR part 63, Subpart subpart
EEE to PPP (20179); AQD price $66.00/$56.00 GPO price for part
63 (63.1200 to 63.1439).
(kl)
“National Emission Standards for Hazardous Air Pollutants for Source Categories
(Continued),” 40 C.F.R. Part CFR part 63, Subpart subpart
QQQ to YYYY (20179); AQD price $47.00/$37.00 GPO price for
part 63 (63.1440 to 63.6175).
(lm)
“National Emission Standards for Hazardous Air Pollutants for Source Categories
(Continued),” 40 C.F.R. Part CFR part 63, Subpart subpart
ZZZZ to MMMMM (20179); AQD price $50.00/$40.00
GPO price for part 63 (63.6580 to 63.8830).
(mn)
“National Emission Standards for Hazardous Air Pollutants for Source Categories
(Continued),” 40 C.F.R. Part CFR part 63, Subpart subpart
NNNNN to end (20179); AQD price $50.00/$40.00 GPO price for
part 63 (63.8980 to end).
(no)
“Compliance Assurance Monitoring,” 40 C.F.R. Part CFR part 64 (20179);
AQD price $44.00/$34.00 GPO price for Part part 64 through
to Part part 71.
(op)
The following sections of “State Operating Permit Programs,” 40 C.F.R. Part
CFR part 70 (20179); AQD price $44.00/$34.00 GPO price for
Part part 64 through to Part part 71:
(i) “Definitions,” 40 C.F.R.
§CFR 70.2.
(ii) “State
program submittals and transition,” 40 C.F.R. §§ CFR 70.4(b)(12),
(14), and (15).
(iii) “Permit
content Emissions Trading,” 40 C.F.R. §CFR 70.6(a)(8).
(iv) “Re-openings
for cause by EPA,” 40 C.F.R. § CFR 70.7(g).
(v)
“Transmission of information to the Administrator,” 40 C.F.R. §CFR 70.8(a)(1)
and (2).
(vi) “EPA
objection,” 40 C.F.R. §CFR 70.8(c).
(vii) “Public
petitions to the Administrator,” 40 C.F.R. §CFR 70.8(d).
(pq)
“Permit Regulations,” 40 C.F.R. Part CFR part 72 (20179);
AQD price $78.00/$68.00 GPO price for Part part 72 through
to Part part 8079.
(qr)
“Sulfur Dioxide Opt-Ins,” 40 C.F.R. Part CFR part 74 (20179);
AQD price $78.00/$68.00 GPO price for Part part 72 through
to part Part 8079.
(rs)
“Continuous Emission Monitoring,” 40 C.F.R. Part CFR part 75 (20179);
AQD price $78.00/$68.00 GPO price for Part part 72 through
to part Part 8079.
(st)
“Acid Rain Nitrogen Oxides Emission Reduction Program,” 40 C.F.R. Part CFR
part 76 (20179); AQD price $78.00/$68.00 GPO price for Part
part 72 through to part Part 8079.
(tu)
“NOx Budget Trading Program and CAIR NOx and SO2 Trading Programs for State
Implementation Plans,” 40 C.F.R. Part CFR part 96, §§96.1
through to§96.88 (20179); AQD price
$76.00/$66.00 GPO price for Part part 96 throughPart to
part 99.
(uv)
“Federal NOx Budget Trading Program, CAIR NOx and SO2 Trading Programs, and
CSAPR NOx and SO2 Trading Programs,” 40 C.F.R. Part CFR part 97 (20179);
AQD price $76.00/$66.00 GPO price for Part part 96 to through
Part part 99.
(2) The following
United States Environmental Protection Agency (U.S. EPA) documents are adopted
by reference in these rules. A copy is available for inspection and purchase at
the Air Quality Division, Department of Environmental Quality, Great
Lakes, and Energy, 525 West Allegan Street P.O. Box 30260,
Lansing, MI Michigan 48909-7760, at a cost as of the time of
adoption of these rules of $20.00 each. A copy may also be obtained from the
U.S. EPA, Office of the Science Advisor, 1200 Pennsylvania Avenue, NW, Washington,
DC 20460 or on the U.S. EPA Online Library System website, www.cfpub.epa.gov/ols/,
free of charge as of the time of adoption of these rules.
(a) “Advances in Inhalation Gas Dosimetry for Derivation of a Reference Concentration (RfC) and Use in Risk Assessment,” EPA/600/R-12/044, September 2012.
(b) “Alternative Control Techniques Document: NOx Emissions from Cement Manufacturing,” EPA-453/R-94-004, 1994.
(c) “Benchmark Dose Technical Guidance,” EPA/100/R-12/001, June 2012.
(d) “Compilation
of Air Pollutant Emission Factors. Volume 1, Stationary Point and Area
Sources,” EPA-450/AP-425-ED-5, January 1995.
(e) “Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products, Appendix B,” EPA-450/2-78-029, December 1978.
(f) “Guidelines
for Carcinogen Risk Assessment,” EPA/630/P-03/-001B, March 2005.
(g) “Protocol for Determining the Daily Volatile Compound Emission Rate of Automobile and Light-duty Truck Topcoat Operations,” EPA-450/3-88-018, December 1988.
(h) “Supplemental
Guidance for Assessing Susceptibility from Early-Life Exposure to Carcinogens,”
EPA/630/R-03/-003F, March 2005.
(3) The following
Federal Register documents are adopted by reference in these rules. A copy is
available for inspection and purchase at the Air Quality Division, Department
of Environmental Quality, Great Lakes, and Energy, 525 West
Allegan Street P.O. Box 30260, Lansing, MI Michigan 48909-7760,
at a cost as of the time of adoption of these rules of $10.00 each:
(a) U.S. EPA Emissions Trading Policy statement, 51 F.R. 43814, December 4, 1986.
(b) U.S. EPA Recommended Policy on Control of Volatile Organic Compounds, Table 1, 42 FR 35314, July 8, 1977.
(4) The following
standards are adopted by reference in these rules. Copies are available for
inspection and purchase at the Air Quality Division, Department of Environmental
Quality, Great Lakes, and Energy, 525 West Allegan Street P.O.
Box 30260, Lansing, Michigan 48909-7760, at the cost as of the time of
adoption of these rules (AQD price). Copies may also be obtained from ASTM
International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959 or on
the ASTM website, www.astm.org, at a cost as of the time of adoption of these
rules (ASTM price):
(a) Standard
Test Method for Distillation of Petroleum Products and Liquid Fuels at
Atmospheric Pressure, ASTM method D86, 20128; AQD price $749.00/$649.00
ASTM price.
(b) Standard
Test Method for Pour Point of Petroleum Products, ASTM D97, 20157;
AQD price $548.00/$448.00 ASTM price.
(c) Standard
Test Method for Vapor Pressure of Petroleum Products, ASTM D323, 2015; AQD
price $604.00/$504.00 ASTM price.
(d) Standard
Specification for Fuel Oils, ASTM D396, 20158; AQD price $604.00/$504.00
ASTM price.
(e) Standard
Test Method for Distillation of Cutback Asphaltic (Bituminous) Products,
ASTM D402/D402M, 200814; AQD price $62.858.00/$52.848.00
ASTM price.
(f) Standard
Specification for Aviation Gasolines, ASTM D910, 20157; AQD price
$548.00/$448.00 ASTM
price.
(g) Standard
Specification for Diesel Fuel Oils, ASTM D975, 20159; AQD price
$749.00/$649.00 ASTM price.
(h) Standard
Specification for Aviation Turbine Fuels, ASTM D1655, 20159; AQD
price $6079.00/$5069.00 ASTM price.
(i) Standard
Specification for Gas Turbine Fuel Oils, ASTM D2880, 20158; AQD
price $548.00/$448.00 ASTM price.
(j) Standard
Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate
Fuels, ASTM D6751, 20159; AQD price $548.00/$448.00
ASTM price.
(k) Standard
Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue
Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), ASTM
D6784, 200216; AQD price $70.00/$60.00 ASTM price.
(l) Standard Test
Method for Distillation of Emulsified Asphalt, ASTM D6997, 2012; AQD price $4952.00/$3942.00
ASTM price.
(m) Standard
Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20), ASTM D7467, 20159;
AQD price $749.00/$649.00 ASTM price.
(n) Standard
Practices for General Techniques of Infrared Quantitative Analysis, ASTM E168, 20016;
AQD price $7064.00/$6054.00 ASTM price.
(o) Standard
Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis,
ASTM E169, 20146; AQD price $548.00/$448.00
ASTM price.
(p) Standard
Practice for Packed Column Gas Chromatography, ASTM E260, 2011; AQD price $604.00/$504.00
ASTM price.
(5) The following
standards are adopted by reference in these rules. Copies are available for
inspection and purchase at the Air Quality Division, Department of Environmental
Quality, Great Lakes, and Energy, 525 West Allegan Street P.O.
Box 30260, Lansing, Michigan 48909-7760, at the cost as of the time of
adoption of these rules (AQD price). Copies may also be obtained from the American
Association of State Highway and Transportation Officials, AASHTO Publication Order
Department, P.O. Box 933538, Atlanta, Georgia, 31193-3538, or from their
website, http://www.techstreet.com/products, at a cost as of the time of
adoption of these rules (AASHTO price):
(a) Standard Method
of Test for Emulsified Asphalts, AASHTO T59, 20136; AQD price $8126.00/$7116.00
AASHTO price.
(b) Standard
Method of Test for Distillation Cutback Asphalt Products, AASHTO T78, 20015;
AQD price $6088.00/$5078.00 AASHTO price.
(6) The following
standards are adopted by reference in these rules. Copies are available for
inspection and purchase at the Air Quality Division, Department of Environmental
Quality, Great Lakes, and Energy, 525 West Allegan Street P.O.
Box 30260, Lansing, Michigan 48909-7760, for $20.00 at the cost
as of the time of adoption of these rules (AQD price). Copies may also
be obtained from the National Technical Information Service, U.S. Department of
Commerce, 5301 Shawnee Road, Alexandria, Virginia, 22312 (NTIS price), or
from their website, http://ntrl.ntis.gov/NTRL/ for free:
as of the time of adoption of these rules.
(a) PB95-196028,
“Compilation of Air Pollution Emission Factors. Volume 1. Stationary Point and
Area Sources,” (1995); AQD price $290.00/NTIS price $41.00.
(b)
PB94-183522, “Alternative Control Techniques Document: NOx Emissions from Cement
Manufacturing,” (1994); AQD price $148.00/NTIS price $35.00.
(c) PB203-060,
“Construction Details of Isokinetic Source Sampling Equipment,” (1971); AQD
price $46.00/NTIS price $26.00.
(d) PB209-022,
“Maintenance, Calibration, and Operation of Isokinetic Source-Sampling Equipment,”
(1972); AQD price $52.00/NTIS price $20.00.
(7) “TLVs and
BEIs. Threshold Limit Values for Chemical Substances and Physical Agents, and Biological
Exposure Indices,” 20147 is adopted by reference in these rules.
A copy is available for inspection and purchase at the Air Quality Division, Department
of Environmental Quality, Great Lakes, and Energy, 525 West
Allegan Street P.O. Box 30260, Lansing, MI Michigan 48909-7760,
at a cost as of the time of adoption of these rules of $69.95 75.95.
A copy may also be obtained from the American Conference of Governmental Industrial
Hygienists, 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, or on the
American Conference of Governmental Industrial website, www.acgih.org, at a
cost as of the time of adoption of these rules of $49.95 54.95.
(8) “NIOSH Pocket
Guide to Chemical Hazards,” 20107, is adopted by reference in
these rules. A copy on CD-ROM is available for inspection and purchase at the
Air Quality Division, Department of Environmental Quality, Great Lakes,
and Energy, 525 West Allegan Street P.O. Box 30260, Lansing, MI Michigan
48909-7760, for $20.00 as of the time of adoption of these rules. A copy
on CD-ROM may also be obtained from the Centers for Disease Control website,
www.cdc.gov/niosh/npg/, for free as of the time of adoption of these rules.
(9) “American
Petroleum Institute Manual of Petroleum Measurement Standards Chapter 19.2,” 1997
2012, is adopted by reference in these rules. A copy is available for
inspection and purchase at the Air Quality Division, Department of Environmental
Quality, Great Lakes, and Energy, 525 West Allegan Street P.O.
Box 30260, Lansing, MI Michigan 48909-7760, at a cost as of
the time of adoption of these rules of $1391.00. A copy may also
be obtained from American Petroleum Institute, Techstreet, 3916 Ranchero Drive,
Ann Arbor, MI Michigan 48108-2775, or at the American Petroleum
Institute website at http://www.techstreet.com/api/products, at a cost as of
the time of adoption of these rules of $12981.00.
(10) “OTC Model Rule
for Consumer Products,” except section 8, 10, and 11(f), 2006, is adopted
by reference in these rules. A copy is available for inspection and purchase at
the Air Quality Division, Department of Environmental Quality, Great
Lakes, and Energy, 525 West Allegan Street P.O. Box 30260,
Lansing, MI Michigan 48909-7760, at a cost as of the time of adoption
of these rules of $10.00. A copy may also be obtained from the Ozone Transport Commission
website, www.otcair.org, for free as of the time of adoption of these
rules.
R 336.1974 Emissions standards for existing commercial and industrial solid waste incinerators.
Rule 974. (1) This rule
applies to all existing Commercial and Industrial Solid Waste Incinerator (CISWI)
units and all Air Curtain Incinerators (ACIs), defined under 40 C.F.R.
§ CFR 60.2875, adopted by reference in R 336.1902. For purposes
of this rule CISWI unit also includes “air curtain incinerators” defined under
40 C.F.R. §60.2875.
(2) CISWI units and
ACIs that commenced construction by November 30, 1999 must comply with this
rule according to 40 C.F.R. §CFR 60.2535(a)(1) and (2), adopted
by reference in R 336.1902, or date of promulgation of this rule,
whichever is later.
(3) The following CISWI
units must comply with this rule according to 40 C.F.R. § CFR 60.2535(b),
adopted by reference in R 336.1902, or date of promulgation of this rule, whichever
is later:
(a) Units in the
incinerator or air curtain subcategory or ACIs that commenced
construction between November 30, 1999 and June 4, 2010,
(b) Units in the
incinerator or air curtain subcategory or ACIs that commenced
reconstruction or modification between June 1, 2001 and August 7, 2013,
(c) Units in the small remote incinerator, energy recovery, or waste-burning kiln subcategories that commenced construction before June 4, 2010.
(4) CISWI units that are exempt under 40 C.F.R.
CFR
60.2555
§60.2555(a)
to (h) and §60.2555(m) to (o), adopted by reference in R 336.1902, are exempt
from this rule if the applicable requirements listed in §60.2555 are
followed.
(5) Owners or
operators of CISWI units shall submit a notice of closure to the department if
the unit will close rather than comply with this rule.
(65) A
CISWI unit or ACI is still subject to this rule, and not 40 C.F.R.
Part CFR part 60, Subpart subpart CCCC, if the owner
or operator makes physical or operational changes primarily to comply with this
rule. However, modification or reconstruction of a CISWI unit or ACI made
after August 7, 2013 makes that unit subject to 40 C.F.R. Part CFR 60,
Subpart subpart CCCC, and not this rule.
(7) Owners or operators
of CISWI units subject to this rule must sign and submit to the department a waste
management plan and documentation of a current Title V operating permit.
(86) Owners
and operators of CISWI units and ACIs subject to this rule must comply
with the following reporting requirements and timelines of 40 C.F.R. Part
CFR part 60, Subpart subpart DDDD, “Emission Guidelines
and Compliance Times for Commercial and Industrial Solid Waste Incineration Units,”,
adopted by reference in R 336.1902, listed in table 974:
(a) Final control plan and notification of final compliance required under 40 CFR 60.2575 to 60.2600, and 60.2815 to 60.2840 by the compliance date of this rule.
(b) Waste management plan required under 40 CFR 60.2620 to 60.2630 by the compliance date of this rule.
(c) Report submittal requirement under 40 CFR 60.2760 for the Initial test results obtained under 60.2700, site-specific operating limits established under 60.2675 or 60.2680, and fabric filter documentation required by 60.2730(b).
(d) Annual report requirements under 40 CFR 60.2765 and 60.2770.
(e) Deviation report requirements under 40 CFR 60.2775, 60.2780, and 60.2785.
(f) Notification and recordkeeping required under 40 CFR 60.7. (40 CFR 60.7 is adopted by reference in R 336.1902).
(g) Notification and timing requirements under 40 CFR 60.2790(b) of continued operation with waste-to-fuel switch.
Table 974
Reporting Requirements
and Timelines
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(97) Owners and operators of
CISWI units and ACIs subject to this rule must comply with the following
applicable sections of 40 C.F.R. Part CFR part 60, Subpart
subpart DDDD, adopted by reference in R 336.1902:
(a) Achieving final compliance in 40 CFR60.2605 and 60.2845.
(ab)
Closing or reopening of unit in 40 C.F.R. §CFR 60.2610, and to
§60.2615, and 60.2850 to 60.2855.
(bc)
Waste management plan in 40 C.F.R. §CFR 60.2620 to 60.2630.
(cd)
Operator training and qualifications in 40 C.F.R. §CFR 60.2635 to
§60.2665.
(de)
Emission and operating limits in 40 C.F.R. §CFR 60.2670 to §60.2680,
60.2860, and the applicable Tables 2 to 3 and 6 to 9.
(ef) Performance testing in 40
C.F.R. §CFR 60.2690 to §60.2695.
(f) Inspection
of control equipment in 40 C.F.R. §60.2706, and §60.2710(k).
(g) Initial and continuous
compliance and inspection of control equipment in 40 C.F.R. §CFR
60.2700 to §60.2725, 60.2865 and 60.8 (40 CFR 60.8 is
adopted by reference in R 336.1902) and §60.7 (40 C.F.R. §60.7 is
adopted by reference in R 336.1902).
(h) Monitoring in 40
C.F.R. §CFR 60.2730 to §60.2735, and 60.2865.
(i) Recordkeeping in
40 CFR C.F.R. 60.2660(a), §60.2740 to §60.2745,
and 60.2870.
(j) Title V Operating
Permit requirements in 40 CFR C.F.R. §60.2805.
(k) Toxic Equivalency Factors in Table 4.
(l) Definitions in
40 CFR C.F.R. §60.2875.
(m) Reporting formats
and date changes in 40 CFR C.F.R. §60.2795 and §60.2800.
(n) Air curtain incinerator requirements in 40 CFR60.2810.
(108)
For the purposes of this rule, the terms “administrator” and “EPA” as used in
40 C.F.R. Part CFR part 60, Subpart subpart DDDD, mean
the department, except in the authorities retained by the U.S. EPA in 40 CFR1
C.F.R. 60.2542§60.2030(c).