DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) 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 environment, Great Lakes, and energy 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, and 2019-1, MCL 324.99903, 324.99919, and 324.99921, and 324.99923)

R 333.1902 of the Michigan Administrative Code is 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 Environment, Great Lakes, and Energy, 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, by calling 205-512-1800 732 North Capitol Street, NW, Washington, DC 20401, or by accessing their online bookstore at http://bookstore.gpo.gov http://www.ecfr.gov at a cost as of the time of adoption of these rules (GPO price). The standards can also be viewed or printed, or both, free of charge at http://www.ecfr.gov  http://bookstore.gpo.gov.

   (a) “National Primary and Secondary Ambient Air Quality Standards,” 40 CFR part 50 (201922), AQD price $61.00/$51.00 and GPO price $51.00 for part 50 to part 51.

   (b) The following sections of “Requirements for Preparation, Adoption, and Submittal of Implementation Plans,” 40 CFR part 51 (201922), AQD price $61.00/$51.00 and GPO price $51.00 for part 50 to part 51:

    (i) “Definitions,” 40 CFR 51.100.

    (ii) “Legally enforceable procedures,” 40 CFR 51.160.

    (iii) “Permit requirements,” 40 CFR 51.165.

    (iv) “Prevention of significant deterioration of air quality,” 40 CFR 51.166.

    (v) “Protection of Visibility,” subsections 40 CFR 51.301 “Definitions” to 40 CFR 51.309 “Requirements related to the Grand Canyon Visibility Transport Commission”.

(vi) “Emission Offset Interpretive Ruling,” appendix S.

    (vii) “Recommended Test Methods for State Implementation Plans,” appendix M.

(vii) “Emission Offset Interpretive Ruling,” appendix S.

    (viii) “Guideline on Air Quality Models,” appendix W.

    (ix) “Guidelines for BART Determinations under the Regional Haze Rule,” appendix Y.

   (c) The following sections of “Approval and Promulgation of Implementation Plans,” 40 CFR part 52 (201922); AQD price $74.00/$64.00 and GPO price $64.00 for part 52 (52.01 to 52.1018).

    (i) “Prevention of Significant Deterioration significant deterioration of Air Quality air quality,” 40 CFR 52.21.

    (ii) “Control strategy: Ozone control measures for Cook, DuPage, Kane, Lake, McHenry and Will Counties,” 40 CFR 52.741.

   (d) “Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring,” 40 CFR part 58, appendix B (201922); AQD price $46.00/$36.00 and GPO price $36.00 for part 53 to part 59.

   (e) “Standards of Performance for New Stationary Sources,” 40 CFR part 60, subparts A to WW (201922); AQD price $74.00/$64.00 and GPO price $64.00 for part 60 (60.1 to 60.499).

   (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,” (201922); AQD price $74.00/$64.00 and GPO price $64.00 for part 60 (60.499500 to end).

   (g) 40 CFR part 60 appendices A, B, and F (201922); AQD price $73.00/$63.00 and GPO price $63.00 for part 60 appendices.

   (h) “National Emission Standards for Hazardous Air Pollutants,” 40 CFR part 61 (201922); AQD price $61.00/$51.00 and GPO price $51.00 for part 61 to part 62.

   (i) “National Emission Standards for Hazardous Air Pollutants for Source Categories,” 40 CFR part 63, subparts A to Z (201922); AQD price $74.00/$64.00 and GPO price $64.00 for part 63 (63.1 to 63.599).

   (j) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts AA to DDD (201922); AQD price $63.00/$53.00 and GPO price $53.00 for part 63 (63.600 to 63.1199).

   (k) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts EEE to PPP (201922); AQD price $66.00/$56.00 and GPO price $56.00 for part 63, (63.1200 to 63.1439).

   (l) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts QQQ to YYYY (201922); AQD price $47.00/$37.00 and GPO price $37.00 for part 63 (63.1440 to 63.6175).

   (m) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts ZZZZ to MMMMM (201922); AQD price $50.00/$40.00 and GPO price $40.00 for part 63 (63.6580 to 63.8830).

   (n) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subpart NNNNN to end (201922); AQD price $5076.00/$40.00 and GPO price $66.00 for part 63 (63.8980 to end).

   (o) “Compliance Assurance Monitoring,” 40 CFR part 64 (201922); AQD price $44.00/$34.00 and GPO price $34.00 for part 64 to part 71.

   (p) The following sections of “State Operating Permit Programs,” 40 CFR part 70 (201922); AQD price $44.00/$34.00 and GPO price $34.00 for part 64 to part 71:

    (i) “Definitions,” 40 CFR 70.2.

    (ii) “State program submittals and transition,” 40 CFR 70.4(b)(12), (14), and (15).

    (iii) “Emissions trading Trading,” 40 CFR 70.6(a)(8).

    (iv) “Re-openings for cause by EPA,” 40 CFR 70.7(g).

    (v) “Transmission of information to the Administrator,” 40 CFR 70.8(a)(1) and (2).

    (vi) “EPA objection,” 40 CFR 70.8(c).

    (vii) “Public petitions to the Administrator,” 40 CFR 70.8(d).

   (q) “Permits Permit Regulations,” 40 CFR part 72 (201922); AQD price $78.00/$68.00 and GPO price $68.00 for part 72 to part 79. 

   (r) “Sulfur Dioxide Opt-Ins,” 40 CFR part 74 (201922); AQD price $78.00/$68.00 and GPO price $68.00 for part 72 to part 79. 

   (s) “Continuous Emission Monitoring,” 40 CFR part 75 (201922); AQD price $78.00/$68.00 and GPO price $68.00 for part 72 to part 79.

   (t) “Acid Rain Nitrogen Oxides Emission Reduction Program,” 40 CFR part 76 (201922); AQD price $78.00/$68.00 and GPO price $68.00 for part 72 to part 79.

   (u) “NOx Budget Trading Program and CAIR NOx and SO2 Trading Programs for State Implementation Plans,” 40 CFR part 96, subparts 96.1 “NOx Budget Trading Program General Provisions” to 96.88 “Individual Unit Opt-ins”(201922); AQD price $76.00/$66.00 and GPO price $66.00 for part 96 to part 99.

   (v) “Federal NOx Budget Trading Program, CAIR NOx and SO2 Trading Programs, and CSAPR NOx and SO2 Trading Programs, and Texas SO2 Trading Program” 40 CFR part 97 (201922); AQD price $76.00/$66.00 and GPO price $66.00 for part 96 to 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 Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, 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 AdvisorMail Code 340T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460 or on the U.S. EPA Online Library System website, www. https://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. Fifth Edition,” AP-42-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) “EPA Air Pollution Control Cost Manual (Sixth Edition),” EPA-452/B-02-001, January 2002.

   (g) “Control Techniques Guidelines for Miscellaneous Industrial Adhesives,” EPA/453/R-08/005, September 2008.

   (h) “Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,” EPA/453/R-08/003, September 2008.

   (i) “Guidelines for Carcinogen Risk Assessment,” EPA/630/P-03-001B, March 2005.

   (gj) “Protocol for Determining the Daily Volatile Compound Emission Rate of Automobile and Light-duty Truck Topcoat Operations,” EPA-450/3-88-018EPA-453/R-08/002, December  1988September 2008.

   (hk) “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 Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $10.00 each. The Federal Register documents may also be viewed or printed, or both, free of charge at as of the time of adoption of these rules at https://www.govinfo.gov/:

   (a) U.S. EPA Emissions Trading Policy statement, 51 FR 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 Environment, Great Lakes, and Energy, 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, 100 Barr Harbor Drive, 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, 201820; AQD price $7988.00/$69.00 and $78.00 ASTM price.

   (b) Standard Test Method for Pour Point of Petroleum Products, ASTM D97, 2017; AQD price $5864.00/$48.00 and ASTM price $54.00.

   (c) Standard Test Method for Vapor Pressure of Petroleum Products, ASTM D323, 201520; AQD price $6470.00/$54.00 and ASTM price $60.00.

   (d) Standard Specification for Fuel Oils, ASTM D396, 20218; AQD price $6470.00/$54.00 and ASTM price $60.00.

   (e) Standard Test Method for Distillation of Cutback Asphalt, ASTM D402/D402M, 2014; AQD price $5864.00/$48.00 and ASTM price $54.00.

   (f) Standard Specification for Aviation Gasolines, ASTM D910, 20217; AQD price $5864.00/$48.00 and ASTM $54.00.

   (g) Standard Specification for Diesel Fuel Oils, ASTM D975, 20219; AQD price $7988.00/$69.00 and ASTM price $78.00.

   (h) Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, ASTM D1475, 2013; AQD $58.00 and ASTM price $48.00.

   (i) Standard Specification for Aviation Turbine Fuels, ASTM D1655, 202219; AQD price $792.00/$69.00 and ASTM price $82.00.

   (ij) Standard Test Method for Volatile Content of Coatings, ASTM D2369, 2020; AQD price $64.00 and  ASTM price $54.00.

   (k) Standard Specification for Gas Turbine Fuel Oils, ASTM D2880201820; AQD price $5864.00/$548.00 and ASTM price $54.00.

   (jl) Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, ASTM D6522, 2000, AQD price $74.00 and ASTM price $64.00.

   (m) Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, ASTM D6751, 201920; AQD price $5870.00/$48.00 and ASTM price $60.00.

   (kn) 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, 2016; AQD price $7088.00/$60.00 and ASTM price $78.00.

   (lo) Standard Test Method for Distillation of Emulsified Asphalt, ASTM D6997, 20120; AQD price $528.00/$42.00 and ASTM price $48.00.

   (mp) Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20), ASTM D7467, 201920; AQD price $7988.00/$69.00 and ASTM price $78.00.

   (nq) Standard Practices for General Techniques of Infrared Quantitative Analysis, ASTM E168, 2016; AQD price $64.00/$54.00 and ASTM price $54.00.

   (or) Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, ASTM E169, 2016; AQD price $5870.00/$48.00 and ASTM price $60.00.

   (ps) Standard Practice for Packed Column Gas Chromatography, ASTM E260, 20119; AQD price $6470.00/$54.00 and ASTM price $60.00.

  (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 Environment, Great Lakes, and Energy, 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, https://www.techstreet.com/, at a cost as of the time of adoption of these rules (AASHTO price):

   (a) Standard Method of Test for Emulsified Asphalts, AASHTO T59, 2016; AQD price $1326.00/$116.00 and AASHTO price $122.00.

   (b) Standard Method of Test for Distillation Cutback Asphalt Products, AASHTO T78, 2015; AQD price $88.00/$78.00 and AASHTO price $78.00.

  (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 Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, for $20.00 as of the time of adoption of these rules. Copies may also be obtained from the National Technical Information Service, U.S. Department of Commerce website, https://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).

   (b) PB94-183522, “Alternative Control Techniques Document: NOx Emissions from Cement Manufacturing,” (1994).

   (c) PB203-060, “Construction Details of Isokinetic Source Sampling Equipment,” (1971).

   (d) PB209-022, “Maintenance, Calibration, and Operation of Isokinetic Source-Sampling Equipment,” (1972).

  (7) “TLVs and BEIs. Threshold Limit Values for Chemical Substances and Physical Agents, and Biological Exposure Indices,” 201722 is adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $75.95. A copy may also be obtained from the American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive3640 Park 42 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 $54.95.

  (8) “NIOSH Pocket Guide to Chemical Hazards,” 2017, is adopted by reference in these rules.  A copy of this document on CD-ROM is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, for $20.00 as of the time of adoption of these rules.  A copy on CD-ROM Print, online, PDF, or mobile web app formats of this document may also be obtained from the Centers for Disease Control website, https://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,” 20120, is adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $191220.00. A copy may also be obtained from the American Petroleum Institute, Techstreet, 3916 Ranchero3025 Boardwalk Drive, Suite 220, Ann Arbor, Michigan 48108-2775, or at the American Petroleum Institute website at https://www.techstreet.com/api/pages/home, at a cost as of the time of adoption of these rules of $181210.00.

  (10) The following standards are adopted by reference in these rules. Copies are available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, for $10.00 as of the time of adoption of these rules. Copies may also be obtained from the Ozone Transport Commission website at https://otcair.org/document.asp?fview=modelrules for free as of the time of adoption of these rules.

   (a) “OTC Model Rule for Consumer Products,” except sections 8(b), 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 Environment, Great Lakes, and Energy, P.O.  Box 30260, Lansing, 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 for free as of the time of adoption of these rules.

   (b) “OTC Model Rule for Consumer Products,” except section 8(b), (2012).

   (c) “Technical amendment to the Ozone Transport Commission Consumer Products Model Rule,” (2013).

   (d) “Model Rule for Architectural and Industrial Maintenance (AIM) Coatings,” (2011).