27 CORRECTION OF OBVIOUS ERRORS IN PUBLICATION December 16, 2009

 

 

Ms. Noreen Lind, Administrative Rules Manager State Office of Administrative Hearings and Rules 611 W. Ottawa Street

Lansing, MI 48909 Dear Ms. Lind:

The State Office of Administrative Hearings and Rules approved the Department of Environmental Quality’s December 14, 2009 request to amend R 336.2514 (1) and (2) of the Michigan Administrative Code under MCL 24.256(1) of the Administrative Procedures Act. However, upon reviewing the requested corrections, there were several incorrect changes made that need to be addressed.

 

Following is the amended language as it was approved by SOAHR. The three changes needed are shown in red. These include removing an extra period in the R 336.2514 title, correcting the rule citation back to Rule 1514 and removing the “ule” under Rule 1514 (2), whereas it should read as R 336.2514.

 

 

R 336.2514 shall be amended as follows (with the amended portion highlighted):

 

Rule 21514.  (1) Rule 336.2503 shall expire when the United States Environmental Protection Agency (U.S.EPA), pursuant to authority under the federal Clean Air Act, 42 USC 7401 et seq., publishes a final rule in the Federal Register that is legally enforceable for the control of mercury emissions from affected coal-fired electric generating units (EGUs) that require, at a minimum, either of the following no later than January 1, 2015: 90% reduction from baseline input mercury levels or an output-based emission standard of 0.008 pounds of mercury per gigawatt-hour on a 12-month rolling average basis as determined at the end of each calendar month or a multi-pollutant compliance demonstration project that must establish a minimum of 75% reduction from baseline input mercury levels on a 12-month rolling average basis as determined at the end of each calendar month for an individual EGU, and for New EGUs shall not cause or allow the emission of mercury in excess of the maximum allowable emission rate based on the application of best available control technology for mercury. At a minimum, a new EGU shall comply with 90% reduction from input mercury levels on a 12- month rolling average basis as determined at the end of each calendar month or an output- based emission standard of 0.008 pounds of mercury per gigawatt-hour on a 12-month rolling average basis as determined at the end of each calendar month.

 

(2)   Determination of U.S. EPA promulgated rule meeting the requirements of Rule 336.2514 shall be based on using either of the following methods:

(a)    Compliance on an EGU-by-EGU basis.

(b)    Stationary source-wide averaging or source-wide pooling of emissions across affected EGUs under control of the same operator or owner.

 

 

 

If you have any questions, please do not hesitate to contact me. Sincerely,

 

Sheila Blais, Division Rules Liaison Air Quality Division

517-335-6989

[e-mail]

 

cc: Sue Maul, DEQ’s Regulatory Affairs Officer

 

 

December 16, 2009

 

Ms. Susan Maul, Regulatory Affairs Officer Department of Environmental Quality Constitution Hall; 525 W. Allegan St.

Lansing, MI 48909 Dear Ms. Maul:

The State Office of Administrative Hearings and Rules hereby approves your department’s request of December 16, 2009 to amend R 336.2514 (1) and (2) of the Michigan Administrative Code under MCL 24.256(1) of the Administrative Procedures Act.

 

R 336.2514 shall be amended as follows:

 

R 336.2514 Mercury program expiration.

Rule 1514.  (1) Rule 336.2503 shall expire when the United States Environmental Protection Agency (U.S.EPA), pursuant to authority under the federal Clean Air Act, 42 USC 7401 et seq., publishes a final rule in the Federal Register that is legally enforceable for the control of mercury emissions from affected coal-fired electric generating units (EGUs) that require, at a minimum, either of the following no later than January 1, 2015: 90% reduction from baseline input mercury levels or an output-based emission standard of 0.008 pounds of mercury per gigawatt-hour on a 12-month rolling average basis as determined at the end of each calendar month or a multi-pollutant compliance demonstration project that must establish a minimum of 75% reduction from baseline input mercury levels on a 12-month rolling average basis as determined at the end of each calendar month for an individual EGU, and for New EGUs shall not cause or allow the emission of mercury in excess of the maximum allowable emission rate based on the application of best available control technology for mercury. At a minimum, a new EGU shall comply with 90% reduction from input mercury levels on a 12- month rolling average basis as determined at the end of each calendar month or an output- based emission standard of 0.008 pounds of mercury per gigawatt-hour on a 12-month rolling average basis as determined at the end of each calendar month.

 

(2)  Determination of U.S. EPA promulgated rule meeting the requirements of R 336.2514 shall be based on using either of the following methods:

(a)    Compliance on an EGU-by-EGU basis.

(b)    Stationary source-wide averaging or source-wide pooling of emissions across affected EGUs under control of the same operator or owner.

 

If you have any questions, please do not hesitate to contact our office. Sincerely,

 

Norene K. Lind, Administrative Rules Manager