Mich. Admin. Code R. 336.1205 - Permit to install; approval
Rule 205.
(1) The
department shall not approve a permit to install for a stationary source,
process, or process equipment that meets the definition of a major stationary
source or major modification under any part of these rules unless the
requirements specified in subdivisions (a) and (b) of this subrule have been
met. In addition, except as provided in subrule (3) of this rule, the
department shall not approve a permit to install that includes limitations
which restrict the potential to emit from a stationary source, process, or
process equipment to a quantity below that which would constitute a major
source or major modification under any part of these rules unless both of the
following requirements have been met:
(a) The
permit to install contains emission limits that are enforceable as a practical
matter. An emission limit restricts the amount of an air contaminant that may
be emitted over some time period. The time period shall be set in accordance
with the applicable requirements and, unless a different time period is
provided by the applicable requirement, should generally not be more than 1
month, unless a longer time period is approved by the department . A longer time
period may be used if it is a rolling time period, but shall not be more than
an annual time period rolled on a monthly basis. If the emission limit does not
reflect the maximum emissions of the process or process equipment operating at
full design capacity without air pollution control equipment, then the permit
shall contain 1of the following:
(i) A
production limit that restricts the amount of final product that may be
produced over the same time period used in the emission limit and that comports
with the true design and intended operation of the process or process
equipment.
(ii) An operational
limit that restricts the way the process or process equipment is operated and
that comports with the true design and intended operation of the process or
process equipment. An operational limit may include conditions specifying any
of the following:
(A) The installation,
operation, and maintenance of air pollution control equipment.
(B) The hours of operation of the stationary
source , process, or process equipment, if the hours are less than
continuous.
(C) The amount or type
of raw materials used by the stationary source , process, or process
equipment.
(D) The amount or type
of fuel combusted by the stationary source , process, or process
equipment.
(E) The installation,
operation, and maintenance of a continuous gas flow meter and a continuous
emission monitor for the air contaminant for which an enforceable emission
limit is required.
(iii)
For volatile organic compound surface coating operations where an add-on
control is not employed, an emission or usage limit coupled with a requirement
to calculate or demonstrate daily compliance.
(b) A draft permit has been subjected to the
public participation process specified in section 5511(3) of the act . The
department shall provide a copy of the draft permit to the United States
environmental protection agency for review and comment at or before the start
of the public comment period. The department shall also provide a copy of each
final permit to install issued pursuant to this rule to the United States
environmental protection agency.
(2) The department shall not approve a permit
to install to construct a major source or reconstruct a major source under any
applicable requirement of section 112 of the clean air act unless the
requirements of subrule (1)(a) and (b) of this rule have been met. In addition,
except as provided in subrule (3) of this rule, the department shall not
approve a permit to install that includes limitations which restrict the
potential to emit of a stationary source, process, or process equipment to a
quantity below that which would constitute a major source or modification under
any applicable requirement of section 112 of the clean air act unless the
requirements of subrule (1)(a) and (b) of this rule have been met.
(3) The department may approve a permit to
install that includes limitations that restrict the potential to emit of a
stationary source, process, or process equipment to a quantity below that which
would constitute a major source or major modification under any part of these
rules without meeting the requirement of subrule (1)(b) of this rule if the
emission limitations restrict the potential to emit of the stationary source,
process, or process equipment to less than 90% of the quantity referenced in
the applicable requirement.
Notes
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