2 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2004-006

 

DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION

AIR POLLUTION CONTROL

 

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of environmental quality by sections 5503, 5505, and 5512 of 1994 PA 451, MCL 324.5503, 324.5505, and 324.5512, and Executive

Reorganization Order No. 1995-18, MCL 324.99903)

 

Draft January 21, 2005

 

R 336.1102, R 336.1103, R 336.1104, R 336.1105, R 336.1109, R 336.1112, R 336.1113, R 336.1114,

and R 336.1122 of the Michigan Administrative Code are amended as follows:

 

PART 1. GENERAL PROVISIONS

 

R 336.1102 Definitions; B.

Rule 102. As used in these rules:

(a)      "Best available control technology for toxics" or "T-BACT" means the maximum degree of emission reduction which the department determines is reasonably achievable for each process that emits toxic air contaminants, taking into account energy, environmental, and economic impacts and other costs.

(b)      "Best available information" means data which serves as the basis for a risk assessment. Such information may be taken from the scientific literature or the integrated risk information system database maintained by the United States environmental protection agency or from other databases, as appropriate. The term includes other pertinent studies or reports containing data which the department finds to be of adequate quality for use in the risk assessment.

(c)      "Black coating" means a coating which meets both of the following criteria:

(i)      Maximum lightness: 23 units.

(ii)      Saturation: less than 2.8, where saturation equals the square root of A² + B².

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, maximum lightness is 33 units.

(d)      "Blending tank," as it pertains to R 336.1631, means any vessel in which organic resin and solvent or other materials are added to produce a product blend.

(e)  "Breakthrough," with respect to a carbon adsorption system, means a condition in which the carbon bed is saturated with a volatile organic compound to the extent that the control efficiency of the system

 

 

is substantially reduced. (f)(e) "Business machine" means a device that uses electronic or mechanical methods to process information, perform calculations, print or copy information or convert sound into electrical impulses for transmission, including devices listed in standard industrial classification numbers 3572, 3573, 3574, 3579, and 3661 and photocopy machines, a subcategory of standard industrial classification number 3861.

 

R 336.1103 Definitions; C.

Rule 103. As used in these rules:

(a)      "Calendar day" means a 24-hour time period which normally is midnight to midnight, but which may, upon written notification to the department, cover a different, consecutive 24-hour time period for a specific process.

(b)      "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

(c)      "Carcinogen" means any of the following:

(i)      Group A -- Any substance for which there is sufficient evidence from human epidemiological studies to support a causal association between exposure to the agent and cancer.

(ii)      Group B -- Any substance for which the weight of evidence of human carcinogenicity based on epidemiological studies is limited evidence or for which the weight of evidence of carcinogenicity based on animal studies is sufficient evidence.

(iii)      Group C -- Any substance for which there is limited evidence of carcinogenicity in animals in the absence of human data and which causes a significant increased incidence of benign or malignant tumors in a single, well-conducted animal bioassay.

(d)      "Charging period," with respect to coke ovens utilizing larry car charging methodology, means the total time taken between the point at which the coal starts flowing into the oven and the point at which the leveling door and the charging holes are closed with their respective lids after the coal from the larry car hoppers is emptied into the oven being charged through the respective charging holes and the coal has been leveled in the oven. "Charging period," with respect to coke ovens utilizing pipeline charging methodology, means the total time taken from the time at which the coal starts flowing into an oven by opening the preheated coal inlet valve to the time at which the coal flow ends when the inlet valve is closed.

(e)      "Class II hardboard paneling finish" means a finish that meets the specifications of voluntary product standard PS-59-73, as approved by the American national standards institute.

(f) "Clean air act" means chapter 360, 69 stat. 322, 42 U.S.C. §§7401 to 7431, 7470 to 7479, 7491 to

7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541 to 7545, 7547 to 7550, 7552 to 7554, 7571 to

7574, 7581 to 7590, 7601 to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642, 7651 to

7651o, 7661 to 7661f, and 7671 to 7671q and regulations promulgated under the clean air act.

(g)     “Clean charge” means furnace charge materials, including molten metal; t-bar; sow; ingot; billet; pig; alloying elements; uncoated/unpainted thermally dried metal chips; metal scrap dried at 343 degrees Celsius (650 degrees Fahrenheit) or higher; metal scrap delacquered/decoated at 482 degrees Celsius (900 degrees Fahrenheit) or higher; other oil and lubricant-free unpainted/uncoated gates and risers; oil and lubricant-free unpainted/uncoated scrap, shapes, or products (for example, pistons) that have not undergone any process (for example, machining, coating, painting) that would cause contamination of  the metal (with oils, lubricants, coatings, or paints) and on-site runaround.

(h)     "Clear coating" means a coating which lacks color and opacity or is transparent and which uses the undercoat as a reflectant base or undertone color.

(i)     "Clinical testing of pharmaceuticals" means human or animal health studies conducted consistent with applicable government regulations, guidelines, or directions for approval of a pharmaceutical

 

 

product, such as those monitored by the United States food and drug administration for the purpose of determining any of the following with respect to a drug:

(i)      Pharmacological action.

(ii)      Preferred route of administration.

(iii)      Safe dosage range.

(iv)      Optimum dosage schedule.

(v)      Safety and effectiveness.

(vi)      Product label indications.

(j)     "Coating category" means a type of surface coating for which there is a separate emission limit specified in these rules.

(k)     "Coating line" means an operation which is a single series in a coating process and which is comprised of 1 or more coating applicators and any associated flash-off areas, drying areas, and ovens wherein 1 or more surface coatings are applied and subsequently dried or cured.

(l)     "Coating of automobiles and light-duty trucks" means the application of prime, primer surfacer, topcoat, and final repair to sheet metal and metallic body components during assembly of a vehicle. Examples of these sheet metal and metallic body components include all of the following:

(i)      Bodies.

(ii)      Fenders.

(iii)      Cargo boxes.

(iv)      Doors.

(v)      Grill openings.

(m)     "Coating of cans" means exterior coating and interior spray coating in 2-piece can lines; interior and exterior coating in sheet coating lines for 3-piece cans; side seam spray coating and interior spray coating in can fabricating lines for 3-piece cans; and sealing compound application and sheet coating in end coating lines.

(n)     "Coating of coils" means the coating of any flat metal sheet or strip that comes in rolls or coils.

(o)     "Coating of fabric" means the application of any type of coating to flat sheets of a textile substrate, including the application of coatings by saturation or impregnation.

(p)     "Coating of flat wood paneling" means the factory-finished coating of flat products which are constructed of wood and which are intended for use as interior paneling. This definition does not apply to the coating of flat wood products intended for use as exterior siding, tileboard, cabinets, or furniture components.

(q)     "Coating of large appliances" means the coating of the component metal parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other associated products. Examples of these component metal parts include all of the following:

(i)      Doors.

(ii)      Cases.

(iii)      Lids.

(iv)      Panels.

(v)      Interior support parts.

(r)     "Coating of metal furniture" means the coating of any furniture made of metal and includes the coating of any metal part that is or shall be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

(s)     "Coating of paper" means the application of any decorative, functional, or saturation coating applied across the entire width of any flat sheet or pressure-sensitive tape, regardless of substrate, or applied across a partial width of any flat sheet or pressure-sensitive tape, regardless of substrate, if this partial coverage is not considered to be an operation or series of operations that is included in the

 

 

definition of graphic arts line in R 336.1107(e). These applications and substrates include paper, fabric, or plastic film; related wet-coating processes on plastic film, including typewriter ribbons, photographic film, and magnetic tape; and decorative coatings on metal foil, including gift wrapping and packaging.

(t)    "Coating of plastic parts of automobiles and trucks" means the coating of any plastic part that is or shall be assembled with other parts to form an automobile or truck.

(u)    "Coating of plastic parts of business machines" means the coating of any plastic part that is or shall be assembled with other parts to form a business machine.

(v)    "Coating of vinyl" means any printing, decorative coating, or protective topcoat applied over vinyl-coated fabric or vinyl rolls or sheets. Coating of vinyl does not include the application or plastisols.

(w)    "Coke battery" means a series of coke ovens arranged side by side with an integral heating system.

(x)     "Coke oven" means a chamber in which coal is destructively distilled to yield coke.

(y)    "Cokeside," with respect to a coke oven, means that side of the coke oven through which coke is discharged.

(z)     "Coking cycle" means the time during which coal undergoes destructive distillation in a coke oven. It commences at the end of the charging period and ends at the beginning of the pushing operation, but does not include any decarbonization periods.

(aa) "Cold cleaner" means a tank containing organic solvent at a temperature below its boiling point which is used to spray, brush, flush, or immerse a metallic object for the purpose of cleaning or degreasing.

(bb) "Commence" means that the owner or operator has all necessary pre-construction approvals or  permits and has either begun or caused to begin a continuous program of actual on-site construction of a  process or process equipment that will be completed within a reasonable time or entered into a binding agreement or obligation, which cannot be canceled or modified without substantial loss to the owner or  operator, to undertake a program of actual construction of the process or process equipment to be completed within a reasonable time. For the purpose of this subrule, “begin actual construction” means  initiation of physical on-site construction activities on an emissions unit which are of a permanent  nature. Examples of these activities include installation of building supports and foundations, laying of  underground pipework, and construction of permanent storage structures. These activities do not   include site clearance and other preliminary work not prohibited by the clean air act. With respect to a change in method of operating, this term refers to those on-site activities other than preparatory   activities which mark the initiation of the change. (cc)(bb) "Commercial location" means a publicly or privately owned place where persons are engaged in the exchange or sale of goods or services and multiple housing units designed for 3 or more families, except for elementary and secondary schools and facilities owned and operated by the state government. A separate building or group of buildings used for the exchange or sale of goods or services and having a single owner and manager constitutes a separate commercial location.

(dd)(cc) "Completed organic resin" means organic resin solids, solvents, and additives as deliverable for sale or use, including a dry organic resin.

(ee)(dd) "Compliance plan" means a description of the compliance status of a source with respect to all applicable requirements for each process or process equipment as follows:

(i)      For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements.

(ii)      For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis.

 

 

(iii)      For applicable requirements for which the stationary source is not in compliance at the time of permit issuance, a narrative description of how the stationary source will achieve compliance with the requirements.

(ff)(ee) "Component" means 1 of the following:

(i)      As it pertains to the provisions of R 336.1622, "component" means any piece of equipment that has the potential to leak a volatile organic compound and includes all of the following:

(A)    Pump seals.

(B)    Compressor seals.

(C)    Seal oil degassing vents.

(D)    Pipeline valves.

(E)    Flanges and other connections.

(F)     Pressure-relief devices.

(G)    Process drains.

(H)    Open ended pipes.

(ii)      As it pertains to the provisions of R 336.1628, "component" means all of the following:

(A)    Compressor seals.

(B)    Process valves in light liquid or gaseous volatile organic compound service.

(C)    Pressure-relief valves in gaseous volatile organic compound service.

(D)    Seals of pumps in light liquid service.

(iii)      As it pertains to the provisions of R 336.1629, "component" means all of the following:

(A)    Compressor seals.

(B)    Process valves.

(C)    Pressure-relief valves.

(D)    Pump seals.

This definition does not include a valve that is not externally regulated, that is, a valve which has no external controls and thus does not have the potential to leak a volatile organic compound.

(gg)(ff) "Component in field gas service" means a component that processes, transfers, or contains field gas.

(hh)(gg) "Component in gaseous volatile organic compound service" means a component that processes, transfers, or contains a volatile organic compound in the gaseous phase under actual conditions.

(ii)(hh) "Component in heavy liquid service" means a component that processes, transfers, or contains heavy liquid.

(jj)(ii) "Component in light liquid service" means a component that contacts a light liquid containing more than 10% volatile organic compound by weight.

(kk)(jj) "Component in liquid volatile organic compound service" means a component that processes, transfers, or contains a volatile organic compound in the liquid phase under actual conditions.

(ll)(kk) "Condenser" means a device that effects the removal of an air contaminant from an exhaust stream by a physical change of state from a vapor to a liquid or solid form.

(mm) "Contemporaneous," with respect to a net emissions increase, means an increase or decrease in actual emissions that occurs between the date 5 years before construction on a particular change commences and the date that the increase from a particular change occurs. (nn)(ll) "Control equipment" means air pollution control equipment.

(oo)(mm) "Conventional air-atomizing spray equipment" means a device which is designed to atomize and direct fluid material solely through the use of compressed air and which is capable of operating at air pressures of more than 10 pounds per square inch.

 

 

(pp)(nn) "Conveyorized cold cleaner" means any continuous system that transports metallic objects through a bath containing organic solvent at a temperature below its boiling point for the purpose of cleaning or degreasing.

(qq)(oo) "Conveyorized vapor degreaser" means any continuous system that transports metallic objects through or over, or through and over, a bath containing organic solvent that is heated to its boiling point for the purpose of cleaning or degreasing.

(rr) "Creditable," with respect to a net emissions increase, means all of the following:

  (i) An increase in actual emission to the extent that the new level of actual emissions exceeds the old  level of actual emissions.

  (ii) A decrease in actual emission to the extent that this decrease meets all of the following provisions:

  (A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

  (B) The new level of actual emissions is legally enforceable at and after the time that construction of  the particular change commences.

  (C) The decrease in emissions has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

  (D) The decrease in emissions has not been relied upon for the issuance of any permit subject to the provisions of R 336.1201, R 336.1220, 40 C.F.R. part 71, or 40 C.F.R. part 70, or the decrease has not been used in demonstrating attainment or reasonable further progress towards attainment of the standards.

  (E) The process or process equipment actually operated and emitted an air contaminant.

  (iii) An increase or decrease that was not a part of a permit to install issued pursuant to any applicable federal or state offset rule, which permit is in effect when the increase in actual emissions from the particular change occurs.

(ss)(pp) "Cutback paving asphalt" means asphalt cement which has been liquefied by blending with a volatile organic compound and which is used for the purpose of paving or repairing, or paving and repairing, a road surface.

(tt)(qq) "Cycle of operation," with respect to continuous emission monitoring systems, means the total time a monitoring system requires to sample, analyze, and record an emission measurement.

 

R 336.1104 Definitions; D.

Rule 104. As used in these rules:

(a) "Dampered-off coke oven" means a coke oven that is isolated from the coke oven gas collector main by closing every damper valve on all standpipes of that oven during the decarbonization period.  (b)(a) "Decarbonization period," with respect to coke ovens, means the time for combusting carbon formed at the oven roof and in the standpipe assembly. The decarbonization period commences when a charging-hole lid or lids or a standpipe lid or lids are removed or opened near the end of the coking cycle and ends with the initiation of the next charging period.

(c)(b) "Delivery vessel" means any tank truck, tank-equipped trailer, railroad tank car, or any similar vessel equipped with a storage tank used for the transport of a volatile organic compound from sources of supply to any stationary vessel.

(d)(c) “Demolition waste material” means waste building materials that result from demolition operations on houses and commercial and industrial buildings.

(e)(d) "Department" means the director of the department of environmental quality or his or her designee.

(f)(e) "Difficult-to-monitor component" means a component that can only be monitored by elevating the monitoring personnel more than 6 feet above a support surface.

 

 

(g)(f) "Dry organic resin" means the organic resin solids from which all liquids have been removed, as deliverable for sale or use.

(h)(g) "Dispensing facility" means a location where gasoline is transferred to a motor vehicle tank from a stationary vessel.

 

R 336.1105 Definitions; E.

Rule 105. As used in these rules:

(a)      "Electrostatic prep coat" means a coating that is applied to a plastic part solely to provide conductivity for the subsequent application of a prime, a topcoat, or other coating through the use of electrostatic application methods. An electrostatic prep coat is clearly identified as an electrostatic prep coat on its accompanying material safety data sheet.

(b)      "Emission unit" means any part of a stationary source that emits or has the potential to emit an air contaminant. Examples of emission units include the following:

(i)      A fossil fuel-fired, steam-generating unit.

(ii)      A topcoat painting line.

(iii)      A solid waste incinerator.

(iv)      A clinker cooler at a portland cement plant.

(v)      A process unit at a chemical plant.

(c)      "Equipment utilized in the manufacturing of synthesized pharmaceutical products" means equipment associated with the storage, transfer, or manufacturing of pharmaceutical products, including raw materials and intermediate products, by chemical synthesis. This definition does not include equipment associated with the manufacturing of pharmaceutical products by fermentation or extraction, the formulation or packaging of bulk pharmaceuticals, or the processing of waste resulting from pharmaceutical synthesis.

(d)     "Equivalent method," with respect to source sampling, means a method or set of procedures for obtaining source samples that has been demonstrated to the department's satisfaction to have a consistent and quantitatively known relationship to an applicable reference test method.

(e)      "Excess air" means any air in excess of the amount of air required for complete combustion of a material as determined by using reference test method 3 of appendix A to the department's rules.

(f)      "Excess emissions" means emissions of an air contaminant in excess of any applicable emission limitation.

(g)      "External floating roof stationary vessel" means an open top stationary vessel equipped with a cover or roof which rests upon and is supported by the liquid being contained and which has a closure seal or seals to reduce the space between the cover or roof edge and the vessel wall.

(h)      "Extreme environmental conditions" means any of the following:

(i)      Outdoor weather.

(ii)      Temperatures consistently above 95 degrees Celsius (203 degrees Fahrenheit).

(iii)      Detergents.

(iv)      Abrasive and scouring agents.

(v)      Solvents.

(vi)      Corrosive atmospheres.

(vii)       Other similar harsh conditions.

(i) "Extreme performance coating" means a coating which is designed to protect a coated part from extreme environmental conditions and which is applied to a part that, in its use as a finished product, is intended to be subjected to extreme environmental conditions.

 

R 336.1109 Definitions; I.

 

 

Rule 109. As used in these rules:

(a)      "Incinerator" means a device specifically designed for the destruction, by burning, of garbage or other combustible refuse or waste material, or both, in which the products of combustion are emitted into the outer air by passing through a stack or chimney.

(b)  "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing the power of self-government.

(c)(b) "Inhalation reference concentration" or "RfC" means a conservative estimate of the daily exposure to the human population, including sensitive subgroups, that is likely to be without appreciable risk of deleterious effect during a lifetime. The inhalation reference concentration is for continuous inhalation exposures and is expressed in units of milligrams per cubic meter (mg/m³).

(d)(c) "Initial risk screening level" means the concentration of a possible, probable, or known human carcinogen in ambient air which has been calculated for regulatory purposes, according to the risk assessment procedures in R 336.1229(1), to produce an estimated upper-bound lifetime cancer risk of 1 in 1,000,000.

(e)(d) "Initial threshold screening level" means a concentration of toxic air contaminant in the ambient air which is used to evaluate noncarcinogenic health effects from a proposed new or modified process and which is calculated, for regulatory purposes, according to the procedures in R 336.1229(2).

(f)(e) "Insulation of magnet wire" means the process of coating aluminum or copper electrical wire by application of a nonconductive material, such as varnish or enamel.

(g) "Internal floating roof stationary vessel" means a fixed roof stationary vessel equipped with a cover or roof which rests upon and is supported by the liquid being contained and which has a closure seal or seals to reduce the space between the cover or roof edge and the vessel wall.

 

R 336.1112 Definitions; L.

Rule 112. As used in these rules:

(a)      "Light-duty truck" means any motor vehicle which is rated at not more than 8,500 pounds gross vehicle weight and which is designed primarily for the transportation of property, including pickups, vans, and window vans.

(b)      "Light liquid," as it pertains to R 336.1628, means a liquid that contains 1 or more volatile organic compounds which have vapor pressures of more than 0.04 psia at 20 degrees Centigrade if the total concentration of the pure volatile organic compounds which have vapor pressures of more than 0.04 psia at 20 degrees Centigrade is equal to or greater than 20%, by weight, of the liquid and if the fluid is a liquid at operating conditions.

(c)      "Limited evidence," a term of art, means either of the following:

(i)      In human epidemiological studies, the data indicate that a causal relationship between the agent and human cancer is credible, but that alternative explanations, such as chance, bias, or confounding variables, could not be adequately excluded.

(ii)      In animal studies, data suggest a carcinogenic effect, but are limited because of any of the following:

(A)    The studies involve a single species, strain, or experiment and do not meet criteria for sufficient evidence.

(B)    The experiments are restricted by any of the following:

(1)     Inadequate dosage levels.

(2)     Inadequate duration or exposure to the agent.

(3)     Inadequate period of follow-up.

(4)     Poor survival.

 

 

(5)     Too few animals.

(6)     Inadequate reporting.

(C)    The data show an increase in the incidence of benign tumors only.

(d)     "Linerized Linearized multistage computer model" means a dose-response model which assumes that there are a number of distinct biological stages or changes that must occur for a normal cell to be transformed into a tumor and which assumes the dose-response relationship to be linear at low doses.

(e)      "Loading facility" means a location where volatile organic compounds are received from sources of supply and are stored for later delivery to another facility.

(f)  "Lowest achievable emission rate" means the more stringent of the following:

  (i) The most stringent emission limitation which is contained in the implementation plan of any state  for such class or category of process or process equipment, unless the owner or operator of the proposed  major offset source or major offset modification demonstrates that such limitation is not achievable.

  (ii) The most stringent emission limitation which is achieved in practice by such class or category of process or process equipment.

 

R 336.1113 Definitions; M.

Rule 113. As used in these rules:

(a) "Major nonattainment air contaminant" means a nonattainment air contaminant for which the potential to emit is significant for a proposed major offset source or for which there is a significant net emissions increase for a proposed major offset modification.

  (b) "Major offset modification" means the addition of a process or process equipment or a physical change in, or change in the method of operation of, a process or process equipment at a major offset source which results in a significant net emissions increase of any air contaminant regulated under the clean air act.

  (c) "Major offset source" means either of the following:

  (i) A stationary source which has a potential to emit of 100 or more tons per year of any air contaminant regulated under the clean air act.

  (ii) A particular change at a minor offset source which results in an increase in the potential to emit of 100 or more tons per year of any air contaminant regulated under the clean air act.

(d)(a) "Malfunction" means any sudden, infrequent and not reasonably preventable failure of a source, process, process equipment, or air pollution control equipment to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

(e) "Manufacturing location" means a place where a person is engaged in the making of goods or wares, including the generation of electricity in the processing of material or primarily in the disposal or  treatment of solid or liquid waste. For the purpose of assessing a surveillance fee, "manufacturing location" includes all such places, whether publicly or privately owned and contained within 1 geographical site, except places owned and operated by the state government. A power plant, as defined in table 42 of R 336.1401, constitutes a separate manufacturing location when used to supply steam or  energy to more than 1 other manufacturing or commercial location. In any case, a power plant that has a capacity of more than 500,000 pounds of steam per hour is considered a separate manufacturing  location. For a large industrial complex or other unusual cases, the department may determine that the complex constitutes more than 1 manufacturing location, based on such factors as separate corporate operating divisions, units, or sections.

(f)(b) "Market testing and market development" means the limited or general distribution of a product to the consumer to gather information concerning the demand for the product.

 

 

(g)(c) "Material handling equipment," as referenced in table 31, means a device, contrivance, or equipment used to bag, blend, convey, crush, grind, load, mill, mix, shed, store, transfer, or unload a physical substance.

(h)(d) "Material recovery equipment" means any equipment utilized in the transport and recovery of styrene monomer and other impurities from other products and by-products in the manufacture of polystyrene resin by continuous process, including the styrene devolatilizer unit and styrene recovery unit.

(i) "Minor offset source" means a stationary source which has a potential to emit of less than 100 tons per year for each air contaminant regulated under the clean air act.

(j)(e) "Modify" means making a physical change in, or change in the method of operation of, existing process or process equipment which increases the amount of any air contaminant emitted into the outer air which is not already allowed to be emitted under the conditions of a permit or order or which results in the emission of any toxic air contaminant into the outer air not previously emitted. An increase in the hours of operation or an increase in the production rate up to the maximum capacity of the process or process equipment shall not be considered to be a change in the method of operation unless the process or process equipment is subject to enforce-able permit conditions or enforceable orders which limit the production rate or the hours of operation, or both, to a level below the proposed increase.

(k)(f) "Motor vehicle" means any self-propelled vehicle registered for, or requiring registration for, use on the highway.

 

R 336.1114 Definitions; N.

Rule 114. As used in these rules:

(a)      "Natural finish hardwood plywood panel" means a panel that has its original grain pattern enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

(b)      "Natural gas processing plant" means a stationary source where the extraction of natural gas liquids from field gas or the fractionation of the liquids into natural gas products, such as ethane, propane, butane, and natural gasoline, takes place.

(c)      "Natural gas process unit" means process equipment assembled for the extraction of natural gas liquids from field gas, the fractionation of the liquids into natural gas products, or other operations associated with the processing of natural gas products. A natural gas process unit may operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the products.

(d)     "Nearby" means, with respect to good engineering practice design stack heights, a distance of up to 5 times the lesser of the height or the width dimension of a structure, but not more than 0.8 kilometers (0.5 miles). The height of the structure is measured from the ground level elevation at the base of the stack.

(e)  "Net emissions increase" means, to the extent that a particular change results in an increase in actual emissions from the process or process equipment, the amount by which the sum of both of the following exceeds zero:

  (i) The increase in actual emissions from a particular change.

  (ii) Any decreases and any other increases in actual emissions from other processes or process  equipment at the stationary source which are contemporaneous with the particular change and are creditable.

  (f) "Nonattainment air contaminant" means an air contaminant which may be emitted from a process or process equipment which is located in a designated nonattainment area for such air contaminant.

Volatile organic compounds which may be emitted from a process or process equipment which is  located in a designated ozone nonattainment area shall be considered a "nonattainment air contaminant."

 

 

Nitrogen oxides that may be emitted from a process or process equipment which is located in a moderate ozone nonattainment area shall be considered a "nonattainment air contaminant."

(g)(e) "Nonattainment area" means an area designated as not having attained full compliance with any national ambient air quality standard pursuant to section 107(D) of the clean air act. Such designation shall be air contaminant specific and shall not mean that an area is a nonattainment area for any other air contaminant unless so specified. The department shall maintain a list of designated nonattainment areas and shall update the list when air quality monitoring or modeling data warrant. For certain air contaminants, nonattainment areas are classified for the purposes of applying an attainment date, or for other purposes, in accordance with procedures established pursuant to the clean air act, as amended, 42

U.S.C.  §7401 et seq. For ozone nonattainment areas, classifications have been established as follows:

(i)      Nonclassifiable.

(ii)      Marginal.

(iii)      Moderate.

(iv)      Serious.

(v)      Severe.

(vi)      Extreme.

 

R 336.1122 Definitions; V.

Rule 122. As used in these rules:

(a)      "Vacuum-metalizing coatings" means topcoats and basecoats that are used in the vacuum- metalizing process.

(b)      "Vacuum-producing system" means any device that creates a pressure below atmospheric, such as a pump or steam ejector with condenser, including hot wells and accumulators.

(c)      "Vapor collection system," as it pertains to R 336.1627, means all piping, seals, hoses,   connections, pressure-vacuum vents, and any other equipment between and including the delivery vessel and a stationary vessel, vapor processing unit, or vapor holder.

(d)     "Very large precipitator" means an electrostatic precipitator that has a specific plate collection area of 600 square feet or more per 1,000 actual cubic feet per minute gas flow.

(e)      "Visible emission" means any emissions that are visually detectable without the aid of instruments.

(f)      "Volatile organic compound" means any compound of carbon or mixture of compounds of carbon that participates in photochemical reactions, excluding the following materials, all of which have been determined by the United States environmental protection agency to have negligible photochemical reactivity:

(i)      Carbon monoxide.

(ii)      Carbon dioxide.

(iii)      Carbonic acid.

(iv)      Metallic carbides or carbonates.

(v)      Boron carbide.

(vi)      Silicon carbide.

(vii)       Ammonium carbonate.

(viii)       Ammonium bicarbonate.

(ix)      Methane.

(x)      Ethane.

(xi)      The methyl chloroform portion of commercial grades of methyl chloroform, if all of the following provisions are complied with:

(A)    The commercial grade of methyl chloroform is used only in a surface coating or coating line that is subject to the requirements of part 6 or 7 of these rules.

 

 

(B)    The commercial grade of methyl chloroform contains no stabilizers other than those listed in table 11.

(C)    Compliance with the applicable limits specified in part 6 or 7 of these rules is otherwise not technically or economically reasonable.

(D)    All measures to reduce the levels of all organic solvents, including the commercial grade of methyl chloroform, from the surface coating or coating line to the lowest reasonable level will be implemented.

(E)     The emissions of the commercial grade of methyl chloroform do not result in a maximum ambient air concentration exceeding any of the allowable ambient air concentrations listed in table 11.

(F)     The use of the commercial grade of methyl chloroform is specifically identified and allowed by a permit to install, permit to operate, or order of the department.

(G)    Table 11 reads as follows:

 

TABLE 11

Commercial grade of methyl chloroform -- allowable ambient air concentrations

 

Compound	ppm¹	Time²
Methyl chloroform	3.5	1 hour
Tertiary butyl alcohol³	1.0	1 hour
Secondary butyl alcohol³	1.0	1 hour
Methylal³	10.0	1 hour
1,2-butylene oxide³	0.028 and 0.00041	1 hour   annual

1.Parts per million, by volume 2.Averaging time period 3.This compound is a stabilizer

 

(xii)       The methyl chloroform portion of commercial grades of methyl chloroform that contain any other stabilizer not listed in table 11 of this rule, if all of the following provisions are complied with:

(A)    The commercial grade of methyl chloroform is used only in a surface coating or coating line that is subject to the requirements of part 6 or 7 of these rules.

(B)    Compliance with the applicable limits specified in part 6 or 7 of these rules is otherwise not technically or economically reasonable.

(C)    All measures to reduce the levels of all organic solvents, including the commercial grade of methyl chloroform, from the surface coating or coating line to the lowest reasonable level will be implemented.

(D)    The emissions of any compound in the commercial grade of methyl chloroform that is listed in table 11 of this rule do not result in a maximum ambient air concentration exceeding any of the allowable ambient air concentrations listed in table 11.

(E)     The emission of all compounds in the commercial grade of methyl chloroform that are not listed in table 11 is demonstrated to comply with R 336.1901.

(F)     The use of the commercial grade of methyl chloroform is specifically identified and allowed by a permit to install, permit to operate, or order of the department.

 

 

(xiii)       Acetone.

(xiv)       Cyclic, branched, or linear completely methylated siloxanes.

(xv)       Parachlorobenzotrifluoride.

(xvi)       Perchloroethylene.

(xvii)       Trichlorofluoromethane (CFC-11).

(xviii)       Dichlorodifluoromethane (CFC-12).

(xix)       1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113).

(xx)       1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114).

(xxi)       Chloropentafluoroethane (CFC-115).

(xxii)       1,1-dichloro 1-fluoroethane (HCFC-141b).

(xxiii)       1,chloro 1,1-difluoroethane (HCFC-142b).

(xxiv)       Chlorodifluoromethane (HCFC-22).

(xxv)       1,1,1-trifluoro 2,2-dichloroethane (HCFC-123).

(xxvi)       2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124).

(xxvii)        Trifluoromethane (HFC-23).

(xxviii)        Pentafluoroethane (HFC-125).

(xxix)       1,1,2,2-tetrafluoroethane (HFC-134).

(xxx)       1,1,1,2-tetrafluoroethane (HFC-134a).

(xxxi)       1,1,1-trifluoroethane (HFC-143a).

(xxxii)        1,1-difluoroethane (HFC-152a).

(xxxiii)        3,3-dichloro-1, 1,1,2,2-pentafluoropropane (HCFC-225ca).

(xxxiv)        1,3-dichloro-1,1,2,2,3-pentafluoropropane     (HCFC-225cb).

(xxxv)          1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee).

(xxxvi)        Difluoromethane (HFC-32).

(xxxvii)        Ethyl fluoride (HFC-161).

(xxxviii)        1,1,1,3,3,3-hexafluoropropane (HFC-236fa).

(xxxix)        1,1,2,2,3-pentafluoropropane (HFC-245ca). (xl) 1,1,2,3,3- pentafluoropropane ( HFC-245ea). (xli) 1,1,1,2,3- pentafluoropropane (HFC-245eb). (xlii) 1,1,1,3,3- pentafluoropropane (HFC-245fa). (xliii) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea). (xliv) 1,1,1,3,3-pentafluorobutane (HFC365mfc). (xlv) Chlorofluoromethane (HCFC-31).

(xlvi) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a). (xlvii) 1-chlor-1-fluoroethane (HCFC-151a).

(xlviii) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100). (xlix) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane.

(l) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200). (li) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.

(lii) Methyl acetate.

(liii) Perfluorocarbon compounds that fall into the following classes:

(A)    Cyclic, branched, or linear, completely fluorinated alkanes.

(B)  Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations.

(C)    Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations.

(D)    Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(liv) Methylene chloride.

 

 

(lv) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE-7000).

(lvi) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500). (lvii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea).

(lviii) Methyl formate (HCOOCH3).

(lix) T-butyl acetate is not a volatile organic compound for purposes of volatile organic compound emissions limitations or volatile organic compound content requirements but is a volatile organic compound for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements, which apply to volatile organic compounds and shall be uniquely identified in emission reports.

The methods described in R 336.2004 and R 336.2040 shall be used for measuring volatile organic compounds for purposes of determining compliance with emission limits. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-photochemical reactive compounds may be excluded as volatile organic compounds if the amount of such compounds is accurately quantified and such exclusion is approved by the department.