Mich. Admin. Code R. 336.1285 - Permit to install exemptions; miscellaneous
Rule 285.
(1) This
rule does not apply if prohibited by
R
336.1278 and unless the requirements of
R
336.1278a have been met.
(2) The requirement of
R
336.1201(1) to obtain a permit to
install does not apply to any of the following:
(a) Routine maintenance, parts replacement,
or other repairs that are considered by the department to be minor, or
relocation of process equipment within the same geographical site not involving
any appreciable change in the quality, nature, quantity, or impact of the
emission of an air contaminant therefrom. Examples of parts replacement or
repairs considered by the department to be minor include the following:
(i) Replacing bags in a baghouse.
(ii) Replacing wires, plates, rappers,
controls, or electric circuitry in an electrostatic precipitator that does not
measurably decrease the design efficiency of the unit .
(iii) Replacement of fans, pumps, or motors
that does not alter the operation of a source or performance of air pollution
control equipment.
(iv) Boiler
tubes.
(v) Piping, hoods, and
ductwork.
(vi) Replacement of
engines, compressors, or turbines as part of a normal maintenance
program.
(b) Changes in
a process or process equipment which do not involve installing, constructing,
or reconstructing an emission unit and which do not involve any meaningful
change in the quality and nature or any meaningful increase in the quantity of
the emission of an air contaminant therefrom.
(i) Examples of such changes in a process or
process equipment include, but are not limited to, the following:
(A) Change in the supplier or formulation of
similar raw materials, fuels, or paints and other coatings.
(B) Change in the sequence of the
process .
(C) Change in the method
of raw material addition.
(D)
Change in the method of product packaging.
(E) Change in temperature, pressure, or other
similar operating parameters that do not affect air cleaning device
performance.
(F) Installation of a
floating roof on an open top petroleum storage tank .
(G) Replacement of a fuel burner in a boiler
with an equally or more thermally efficient burner.
(H) Lengthening a paint drying oven to
provide additional curing time.
(c) Changes in a process or process equipment
that do not involve installing, constructing, or reconstructing an emission
unit and that involve a meaningful change in the quality and nature or a
meaningful increase in the quantity of the emission of an air contaminant
resulting from any of the following:
(i)
Changes in the supplier or supply of the same type of virgin fuel, such as
coal, no. 2 fuel oil, no. 6 fuel oil, or natural gas.
(ii) Changes in the location, within the
storage area, or configuration of a material storage pile or material handling
equipment .
(iii) Changes in a
process or process equipment to the extent that such changes do not alter the
quality and nature, or increase the quantity, of the emission of the air
contaminant beyond the level which has been described in and allowed by an
approved permit to install, permit to operate, or order of the
department .
(d)
Reconstruction or replacement of air pollution control equipment with
equivalent or more efficient equipment.
(e) Installation, construction , or
replacement of air pollution control equipment for an existing process or
process equipment for the purpose of complying with the national emission
standards of hazardous air pollutants regulated under section 112 of the clean
air act .
(f) Installation or
construction of air pollution control equipment for an existing process or
process equipment if the control equipment itself does not actually generate a
significant amount of criteria air contaminants as defined in
R
336.1119(e) or a meaningful increase
in the quantity of the emissions of toxic air contaminants or a meaningful
change in the quality and nature of toxic air contaminants.
(g) Internal combustion engines that have
less than 10,000,000 Btu/hour maximum heat input.
(h) Vacuum pumps in laboratory or pilot plant
operations.
(i) Brazing, soldering,
welding, or plasma coating equipment.
(j) Portable torch cutting equipment that
does not cause a nuisance or adversely impact surrounding areas and is used for
either of the following:
(i) Activities
performed on a non-production basis, such as maintenance, repair , and
dismantling.
(ii) Scrap metal
recycling and/or demolition activities that have emissions that are released
only into the general in-plant environment and/or that have externally vented
emissions equipped with an appropriately designed and operated enclosure and
fabric filter.
(k)
Grain, metal, or mineral extrusion presses.
(l) The following equipment and any exhaust
system or collector exclusively serving the equipment:
(i) Equipment used exclusively for bending,
forming, expanding, rolling, forging, pressing, drawing, stamping, spinning, or
extruding either hot or cold metals.
(ii) Die casting machines.
(iii) Equipment for surface preparation of
metals by use of aqueous solutions, except for acid solutions.
(iv) Atmosphere generators used in connection
with metal heat treating processes.
(v) Equipment used exclusively for sintering
of glass or metals, but not exempting equipment used for sintering
metal-bearing ores, metal scale, clay, flyash, or metal compounds.
(vi) Equipment for carving, cutting, routing,
turning, drilling, machining, sawing, surface grinding, sanding, planing,
buffing, sand blast cleaning, shot blasting, shot peening, or polishing ceramic
artwork, leather, metals, graphite, plastics, concrete, rubber, paper board ,
wood, wood products, stone, glass, fiberglass, or fabric which meets any of the
following:
(A) Equipment used on a
nonproduction basis.
(B) Equipment
that has emissions that are released only into the general in-plant
environment.
(C) Equipment that has
externally vented emissions controlled by an appropriately designed and
operated fabric filter collector that, for all specified operations with metal,
is preceded by a mechanical precleaner.
(vii) Photographic process equipment by which
an image is reproduced upon material sensitized to radiant energy, including
any of the following:
(A) Blueprint
machines.
(B)
Photocopiers.
(C) Mimeograph
machines.
(D) Photographic
developing processes.
(E)
Microfiche copiers.
(viii) Battery charging operations.
(ix) Pad printers.
(m) Lagoons, process water treatment
equipment, wastewater treatment equipment, and sewage treatment equipment,
except for any of the following:
(i) Lagoons
and equipment primarily designed to treat volatile organic compounds in process
water, wastewater , or groundwater , unless the emissions from the lagoons and
equipment are only released into the general in-plant environment.
(ii) Sludge incinerators and
dryers.
(iii) Heat treatment
processes.
(n) Livestock
and livestock handling systems from which the only potential air contaminant
emission is odorous gas.
(o)
Equipment for handling and drying grain on a farm.
(p) Commercial equipment used for grain
unloading, handling, cleaning, storing, loading, or drying in a column dryer
that has a column plate perforation of not more than 0.094 inch or a rack dryer
in which exhaust gases pass through a screen filter no coarser than 50
mesh.
(q) Portable steam deicers
that have a heat input of less than 1,000,000 Btu's per hour.
(r) Equipment used for any of the following
metal treatment processes if the process emissions are only released into the
general in-plant environment:
(i) Surface
treatment .
(ii) Pickling.
(iii) Acid dipping.
(iv) Cleaning.
(v) Etching.
(vi) Electropolishing.
(vii) Electrolytic stripping or electrolytic
plating.
(s) Emissions
or airborne radioactive materials specifically authorized pursuant to a United
States nuclear regulatory commission license.
(t) Equipment for the mining, loading,
unloading, and screening of uncrushed sand, gravel, soil, and other inorganic
soil-like materials.
(u) Solvent
distillation and antifreeze reclamation equipment that has a rated batch
capacity of not more than 55 gallons.
(v) Any vapor vacuum extraction soil
remediation process where vapor is treated in a control device and all of the
vapor is reinjected into the soil such that there are no emissions to the
atmosphere during normal operation.
(w) Air strippers controlled by an
appropriately designed and operated dual stage carbon adsorption or
incineration system that is used exclusively for the cleanup of gasoline, fuel
oil, natural gas condensate, and crude oil spills, provided the following
conditions are met:
(i) For dual stage carbon
adsorption, the first canister of the dual stage carbon adsorption is monitored
for breakthrough at least once every 2 weeks and replaced if breakthrough is
detected.
(ii) For incineration, a
thermal oxidizer (incinerator ) is operated at a minimum temperature of 1,400
degrees Fahrenheit in the combustion chamber and a catalytic oxidizer is
operated at a minimum temperature of 600 degrees Fahrenheit at the inlet of the
catalyst bed. A temperature indication device which continually displays the
operating temperature of the oxidizer must be installed, maintained, and
operated in accordance with the manufacturer's specifications.
(x) Any asbestos removal or
stripping process or process equipment.
(y) Ozonization process or process
equipment.
(z) Combustion of boiler
cleaning solutions that were solely used for or intended for cleaning internal
surfaces of boiler tubes and related steam and water cycle components if the
solution burned is not designated, by listing or specified characteristic, as
hazardous pursuant to federal regulations or state rules.
(aa) Landfills and associated flares and
leachate collection and handling equipment.
(bb) A residential, municipal, commercial, or
agricultural composting process or process equipment.
(cc) Gun shooting ranges controlled by
appropriately designed and operated high-efficiency particulate
filters.
(dd) Equipment for
handling, conveying, cleaning, milling, mixing, cooking, drying, coating, and
packaging grain-based food products and ingredients which meet any of the
following:
(i) Equipment is used on a
nonproduction basis.
(ii) Equipment
has emissions that are released only into the general in-plant
environment.
(iii) Equipment has
externally vented emissions controlled by baghouse, cyclone, rotoclone, or
scrubber which is installed, maintained, and operated in accordance with the
manufacturer's specifications or the owner or operator shall develop a plan
that provides to the extent practicable for the maintenance and operation of
the equipment in the manner consistent with good air pollution control
practices for minimizing emissions. The air cleaning device shall be equipped
with a device to monitor appropriate indicators of performance, for example,
static pressure drop, water pressure, and water flow rate.
(ff) Fire extinguisher filling , testing,
spraying, and repairing.
(gg)
Equipment used for chipping, flaking, or hogging wood or wood residues that are
not demolition waste materials.
(hh) A process that uses only hand-held
aerosol spray cans, including the puncturing and disposing of the spray
cans.
(ii) Fuel cells that use
phosphoric acid, molten carbonate, proton exchange membrane, or solid oxide or
equivalent technologies.
(jj) Any
vacuum truck used at a remediation site as a remedial action method, such as
non-emergency response, used in a manner described by any of the following:
(i) It is not used more than 2 days in a
month without organic compound emission control.
(ii) It is not used more than 6 days in a
month and organic compound emissions are controlled with at least 90%
efficiency.
(iii) The composition
of the material being removed is greater than 90% water.
(kk) Air sparging systems where the sparged
air is emitted back to the atmosphere only by natural diffusion through the
contaminated medium and covering soil or other covering medium.
(ll) Air separation or fractionation
equipment used to produce nitrogen, oxygen, or other atmospheric
gases.
(mm) Routine and emergency
venting of natural gas from transmission and distribution systems or field gas
from gathering lines which meet any of the following:
(i) Routine or emergency venting of natural
gas or field gas in amounts less than or equal to 1,000,000 standard cubic feet
per event. For purposes of this rule, an emergency is considered an unforeseen
event that disrupts normal operating conditions and poses a threat to human
life, health, property or the environment if not controlled
immediately.
(ii) Venting of
natural gas in amounts greater than 1,000,000 standard cubic feet for routine
maintenance or relocation of transmission and distribution systems provided
that both of the following requirements are met:
(A) The owner or operator notifies the
department prior to a scheduled pipeline venting.
(B) The venting includes, at a minimum,
measures to assure safety of employees and the public, minimize impacts to the
environment, and provide necessary notification in accordance with the Michigan
gas safety standards, the federal pipeline and hazardous materials safety
administration standards, and the federal energy regulatory commission
standards, as applicable.
(iii) Venting of field gas in amounts greater
than 1,000,000 standard cubic feet for routine maintenance or relocation of
gathering pipelines provided that both of the following are met:
(A) The owner or operator notifies the
department prior to a scheduled pipeline venting.
(B) The venting includes, at a minimum,
measures to assure safety of employees and the public, minimize impacts to the
environment, and provide necessary notification in accordance with the Michigan
department of environmental quality, office of oil, gas and minerals, and the
Michigan public service commission standards, as applicable.
(iv) Emergency venting of natural
gas or field gas in amounts greater than 1,000,000 standard cubic feet per
event, provided that the owner or operator notifies the pollution emergency
alert system within 24 hours of an emergency pipeline venting. For purposes of
this rule, an emergency is considered an unforeseen event that disrupts normal
operating conditions and poses a threat to human life, health, property or the
environment if not controlled immediately.
(nn) Craft distillery operations if all of
the following are met:
(i) Production of all
spirits does not exceed 1,500 gallons per month, as produced.
(ii) Monthly production records are
maintained on file for the most recent 5-year period and are made available to
the department upon request.
(oo) Equipment or systems, or both, used
exclusively to mitigate vapor intrusion of an indoor space that is not on the
property where the release of the hazardous substance occurred, and which has
an exhaust that meets all of the following requirements:
(i) Unobstructed vertically upward.
(ii) At least 12 inches above the nearest
eave of the roof or at least 12 inches above the surface of the roof at the
point of penetration.
(iii) More
than 10 feet above the ground.
(iv)
More than 2 feet above or more than 10 feet away from windows, doors, other
buildings, and other air intakes.
(3) For the purposes of this rule,
"meaningful" with respect to toxic air contaminant emissions is defined as
follows:
(a) "Meaningful change in the quality
and nature" means a change in the toxic air contaminants emitted that results
in an increase in the cancer or non-cancer hazard potential that is 10% or
greater, or which causes an exceedance of a permit limit. The hazard potential
is the value calculated for each toxic air contaminant involved in the proposed
change, before and after the proposed change, and it is the potential to emit
(hourly averaging time) divided by the initial risk screening level or the
adjusted annual initial threshold screening level (ITSL), for each toxic air
contaminant and screening level involved in the proposed change. The adjusted
annual ITSL is the ITSL that has been adjusted as needed to an annual averaging
time utilizing averaging time conversion factors in accordance with the models
and procedures in
40 C.F.R §
51.160(f) and Appendix W,
adopted by reference in
R
336.1902. The percent increase in the hazard potential
is determined from the highest cancer and non-cancer hazard potential before
and after the proposed change. The potential to emit before the proposed change
is the baseline potential to emit established in an approved permit to install
application on or after April 17, 1992, that has not been voided or revoked,
unless it has been voided due to incorporation into a renewable operating
permit .
(b) "Meaningful increase in
the quantity of the emission" means an increase in the potential to emit
(hourly averaging time) of a toxic air contaminant that is 10% or greater
compared to a baseline potential to emit, or which results in an increase in
the cancer or non-cancer hazard potential that is 10% or greater, or which
causes an exceedance of a permit limit. The baseline is the potential to emit
established in an approved permit to install application on or after April 17,
1992 that has not been voided or revoked, unless it has been voided due to
incorporation into a renewable operating permit .
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.