Mich. Admin. Code R. 336.1228 - Requirement for lower emission rate than required by best available control technology for toxics (T-BACT) and health-based screening levels
Rule 228.
(1) The
department may determine, on a case-by-case basis, that the maximum allowable
emission rate determined in
R 336.1224(1) or
R 336.1225(1) to
(3) does not provide adequate protection of
human health or the environment. In this case, the department shall establish a
maximum allowable emission rate considering relevant scientific information,
such as exposure from routes other than direct inhalation, synergistic or
additive effects from other toxic air contaminants, and effects on the
environment. In performing these evaluations and determinations, the department
shall utilize relevant environmental data, land use, and exposure scenarios,
and reasonably anticipated environmental impacts and exposures from the
proposed new or modified emission unit or units.
(2) The director may determine on a
case-by-case basis that an emission rate limitation is needed for a non-toxic
air contaminant for which there is no national ambient air quality standard in
order to ensure that air emissions do not cause injurious effects to human
health. The director shall make this case-by-case determination subsequent to a
presentation by the air quality division and the permit applicant that utilizes
relevant environmental data, land use, and exposure scenarios, and reasonably
anticipated environmental impacts and exposures from the proposed new or
modified emission unit or units. The department shall establish this emission
rate consistent with the provisions of
R 336.1225,
R 336.1227, and
R 336.1229 or any other methodology
determined by the department to be more appropriate after an evaluation
conducted under R 336.1228(1).
Notes
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