Mich. Admin. Code R. 336.2902 - Applicability
Rule 1902.
(1) This
part applies to the construction of each new major stationary source or major
modification that is both of the following:
(a) Located in a nonattainment
area .
(b) Major for the pollutant
for which the area is designated nonattainment.
For areas designated as nonattainment for ozone, this part
shall apply only to any
(2) This part applies to the
construction of new major sources and major modifications to existing major
sources as follows:
(a) Except as otherwise
provided in subrule (3) of this rule, and consistent with the definition of
major modification , a project is a major modification for a regulated new
source review pollutant if it causes both of the following emissions increases:
(i) A significant emissions
increase.
(ii) A significant net
emissions increase. The project is not a major modification if it does not
cause a significant emissions increase. If the project causes a significant
emissions increase, then the project is a major modification only if it also
results in a significant net emissions increase.
(b) The procedure for calculating whether a
significant emissions increase will occur depends upon the type of emissions
units being modified. The procedure for calculating whether a significant net
emissions increase will occur at the major stationary source is contained in
the definition of net emissions increase. Regardless of any such
preconstruction projections, a major modification results if the project causes
a significant emissions increase and a significant net emissions
increase.
(c) The
actual-to-projected-actual applicability test may be used for projects that
only involve existing emissions units. A significant emissions increase of a
regulated new source review pollutant is projected to occur if the sum of the
difference between the projected actual emissions and the baseline actual
emissions, for each existing emissions unit, equals or exceeds the significant
amount for that pollutant.
(d) The
actual-to-potential test may be used for projects that involve construction of
new emissions units or modification of existing emissions units. A significant
emissions increase of a regulated new source review pollutant is projected to
occur if the sum of the difference between the potential to emit from each new
or modified emissions unit following completion of the project and the baseline
actual emissions of these units before the project equals or exceeds the
significant amount for that pollutant.
(e) The hybrid test may be used for projects
that involve multiple types of emissions units. A significant emissions
increase of a regulated new source review pollutant is projected to occur if
the sum of the emissions increases for each emissions unit, using the
appropriate methods specified above in this subrule as applicable with respect
to each emissions unit, for each type of emissions unit equals or exceeds the
significant amount for that pollutant.
(3) Any major stationary source for a plant
wide applicability limit for a regulated new source review pollutant shall
comply with
R 336.2907.
(4) The provisions of this rule do not apply
to a source or modification that would be a major stationary source or major
modification only if fugitive emissions to the extent quantifiable are
considered in calculating the potential to emit of the stationary source or
modification and the source does not belong to any of the following categories:
(a) Coal cleaning plants, with thermal
dryers.
(b) Kraft pulp
mills.
(c) Portland cement
plants.
(d) Primary zinc
smelters.
(e) Iron and steel
mills.
(f) Primary aluminum ore
reduction plants.
(g) Primary
copper smelters.
(h) Municipal
incinerators capable of charging more than 250 tons of refuse per
day.
(i) Hydrofluoric, sulfuric, or
citric acid plants.
(j) Petroleum
refineries.
(k) Lime
plants.
(l) Phosphate rock
processing plants.
(m) Coke oven
batteries.
(n) Sulfur recovery
plants.
(o) Carbon black plants,
furnace process .
(p) Primary lead
smelters.
(q) Fuel conversion
plants.
(r) Sintering
plants.
(s) Secondary metal
production plants.
(t) Chemical
process plants.
(u) Fossil-fuel
boilers, or combination thereof, totaling more than 250 million British thermal
units per hour heat input.
(v)
Petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels.
(w) Taconite ore
processing plants.
(x) Glass fiber
processing plants.
(y) Charcoal
production plants.
(z) Fossil
fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input.
(aa) Any other
stationary source category which, as of August 7, 1980, is regulated under
section 111 or 112 of the clean air act .
(5) The following additional construction and
permitting requirements apply:
(a) Approval to
construct shall not relieve any owner or operator of the responsibility to
comply fully with any other applicable requirements and any other requirements
under local, state, or federal law.
(b) At such time that a particular source or
modification becomes a major stationary source or major modification solely by
virtue of a relaxation in any enforcement limitation that was established after
August 7, 1980, on the capacity of the source or modification otherwise to emit
a pollutant, such as a restriction on hours of operation, then the requirements
of
R 336.2908 shall apply to the source
or modification as though construction had not yet commenced on the source or
modification .
(6) The
following provisions apply to projects at existing emissions units at a major
stationary source that is subject to either prevention of significant
deterioration of air quality regulations or new source review for major sources
in nonattainment areas regulations in circumstances where there is a reasonable
possibility that a project that is not a part of a major modification may
result in a significant emissions increase and the owner or operator elects to
use the method in
R
336.2901(dd) or
R
336.2801(ll) for calculating
projected actual emissions :
(a) Before
beginning actual construction of the project , the owner or operator shall
document and maintain a record of the following information:
(i) A description of the project .
(ii) Identification of the emissions units
whose emissions of a regulated new source review pollutant may be affected by
the project.
(iii) A description of
the applicability test used to determine that the project is not a major
modification for any regulated new source review pollutant, including the
baseline actual emissions, the projected actual emissions, the amount of
emissions excluded under
R
336.2901(dd)(ii)(C) and an
explanation for why such amount was excluded, and any netting calculations, if
applicable.
(b) If the
emissions unit is an existing electric utility steam generating unit , before
beginning actual construction , the owner or operator shall provide a copy of
the information required by subdivision (a) of this subrule to the department .
This subdivision does not require the owner or operator of such a unit to
obtain any determination from the department before beginning actual
construction.
(c) The owner or
operator shall monitor the emissions of any regulated new source review
pollutant that could increase as a result of the project and that is emitted by
any emissions units identified under subdivision (a)(ii) of this subrule and
calculate and maintain a record of the annual emissions, in tons per year on a
calendar year basis, for a period of 5 years following resumption of regular
operations after the change, or for a period of 10 years following resumption
of regular operations after the change if the project increases the design
capacity or potential to emit of that regulated new source review pollutant at
the emissions unit.
(d) If the unit
is an existing electric utility steam generating unit, then the owner or
operator shall submit a report to the department within 60 days after the end
of each year during which records shall be generated under subdivision (c) of
this subrule setting out the unit's annual emissions during the year that
preceded submission of the report.
(e) If the unit is an existing unit other
than an electric utility steam generating unit, then the owner or operator
shall submit a report to the department if the annual emissions, in tons per
year, from the project identified pursuant to this subrule, exceed the baseline
actual emissions by a significant amount for that regulated new source review
pollutant, and if such emissions differ from the preconstruction projection.
The report shall be submitted to the department within 60 days after the end of
such year. The report shall contain all of the following information:
(i) The name, address and telephone number of
the major stationary source .
(ii)
The annual emissions as calculated under subdivision (c) of this
subrule.
(iii) Any other
information that the owner or operator wishes to include in the report, for
example, an explanation as to why the emissions differ from the preconstruction
projection.
(f) A
reasonable possibility that a project may result in a significant emissions
increase occurs when the project is subject to
R
336.1201(1)(a) and is not exempted
from the requirement to obtain a permit to install by
R
336.1278 to
R 336.1290. If the owner or operator
determines that the project is exempted by
R
336.1278 to
R 336.1290, then the owner or
operator may proceed with the project without obtaining a permit to install. If
an owner or operator develops calculations for the project pursuant to
R
336.2901(dd) or
R
336.2801(ll), the calculations may be
used for the purpose of demonstrating compliance with
R
336.1278a(1)(c).
(7) The owner or operator of the source shall
make the information required to be documented and maintained under this rule
available for review upon a request for inspection by the department , or the
general public under section 5516(2) of the act, MCL 324.5516(2).
(8) The requirements of this part that apply
to major stationary sources and major modifications of volatile organic
compounds shall also apply to nitrogen oxides emissions from major stationary
sources and major modifications of nitrogen oxides in an ozone transport region
or in any ozone nonattainment area , except in ozone nonattainment areas or
portions of an ozone transport region where the United States environmental
protection agency has granted a NOx waiver applying the standards set forth
under section 182(f) of the clean air act and the waiver continues to
apply.
Notes
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