Mich. Admin. Code R. 336.1916 - Affirmative defense for excess emissions during start-up or shutdown for violations of R 336.1224 to R 336.1228 and R 336.1901
Rule 916.
(1) The
person operating a source with emissions in excess of an applicable emission
limitation due to start-up or shutdown may claim an affirmative defense to an
enforcement proceeding for violations of
R 336.1224 to
R 336.1228 and
R 336.1901, excluding a judicial
action seeking injunctive relief, if the person has complied with the reporting
requirements of
R 336.1912 and has demonstrated all
of the following:
(a) The periods of excess
emissions that occurred during start-up or shutdown were short and infrequent
and could not have been prevented through careful planning and
design.
(b) The excess emissions
that occurred during start-up or shutdown were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance.
(c) The excess emissions caused by a bypass
(an intentional diversion of control equipment) were unavoidable to prevent
loss of life, personal injury, or severe property damage.
(d) The facility was operated at all times in
a manner consistent with good practice for minimizing emissions.
(e) The frequency and duration of operating
in start-up or shutdown mode were minimized to the maximum extent
practicable.
(f) All reasonably
possible steps were taken to minimize the impact of the excess emissions on
ambient air quality.
(g) All
emission monitoring systems were kept in operation if at all
possible.
(h) The actions during
the period of excess emissions were documented by contemporaneous operating
logs or other relevant evidence as provided by
R 336.1912.
(i) Excess emissions presenting an imminent
threat to human health, safety, or the environment were reported to the
department as soon as possible.
(j)
Unless otherwise specified in the facility 's permit , other excess emissions
were reported as provided in
R 336.1912. If requested by the
department , a person shall submit a full written report that includes the known
causes, the corrective actions taken, and the preventive measures to be taken
to minimize or eliminate the chance of recurrence.
(k) Any information submitted to the
department under this subrule shall be properly certified in accordance with
the provisions of
R 336.1912.
(2) This affirmative defense does not apply
when a single emission unit , or multiple emission units at a stationary source ,
causes an exceedance of the national ambient air quality standards or any
applicable prevention of significant deterioration increment.
(3) If the proximate cause of the excess
emissions which occurred during routine startup or shutdown periods was due to
a malfunction , then, absent any intervening acts or superseding causes, the
instances shall be treated as malfunctions in accordance with
R 336.1915.
(4) Nothing in this rule shall be construed
to limit the authority of the department to seek injunctive relief or to
enforce the provisions of the act and the regulations promulgated under the
act .
Notes
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