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ORR # 2000-068
DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION
AIR POLLUTION CONTROL
Filed with the Secretary of State on March 11, 2002.
These rules take effect 7 days after filing with the Secretary of State.
(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order No. 1995-18, MCL
324.99903)
R 336.1901, R 336.1906, R 336.1911, R 336.1930, R 336.1931, and R 336.1932 of the Michigan
Administrative Code are amended as follows:
PART 9. EMISSION LIMITATIONS AND PROHIBITIONS--MISCELLANEOUS
R 336.1901 Air contaminant or water vapor; when prohibited.
Rule 901. Notwithstanding the provisions of any other department rule, a person shall not cause or permit the emission of an air contaminant or water vapor in quantities that cause, alone or in reaction with other air contaminants, either of the following:
(a) Injurious effects to human health or safety, animal life, plant life of significant economic value, or property.
(b) Unreasonable interference with the comfortable enjoyment of life and property.
R 336.1906 Diluting and concealing emissions.
Rule 906. Unless prior written approval is obtained from the department, a person shall not build, erect, install, or use any article, machine, equipment, or other contrivance if the sole purpose of the article, machine, equipment, or other contrivance is to dilute or conceal an emission without resulting in a reduction in the total release of air contaminants into the atmosphere. This rule does not apply to the control of odors.
R 336.1911 Malfunction abatement plans.
Rule 911. (1) Upon request of the department, a person responsible for the operation of a source of an air contaminant shall prepare a malfunction abatement plan to prevent, detect, and correct malfunctions or equipment failures resulting in emissions exceeding any applicable emission limitation.
(2) A malfunction abatement plan required by subrule (1) of this rule shall be in writing and shall, at a minimum, specify all of the following:
(a) A complete preventative maintenance program, including identification of the supervisory personnel responsible for overseeing the inspection, maintenance, and repair of air-cleaning devices, a description of the
items or conditions that shall be inspected, the frequency of the inspections or repairs, and an identification of the major replacement parts that shall be maintained in inventory for quick replacement.
(b) An identification of the source and air-cleaning device operating variables that shall be monitored to detect a malfunction or failure, the normal operating range of these variables, and a description of the method of monitoring or surveillance procedures.
(c) A description of the corrective procedures or operational changes that shall be taken in the event of a malfunction or failure to achieve compliance with the applicable emission limits.
(3) A malfunction abatement plan required by subrule (1) of this rule shall be submitted to the department and shall be subject to review and approval by the department. If, in the opinion of the commission, the plan does not adequately carry out the objectives as set forth in subrules (1) and (2) of this rule, then the department may disapprove the plan, state its reasons for disapproval, and order the preparation of an amended plan within the time period specified in the order. If, within the time period specified in the order, an amended plan is submitted which, in the opinion of the department, fails to meet the objective, then the department, on its own initiative, may amend the plan to cause it to meet the objective.
(4) Within 180 days after the department approves a malfunction abatement plan, a person responsible for the preparation of a malfunction abatement plan shall implement the malfunction abatement plan required by subrule
(1) of this rule.
R 336.1930 Emission of carbon monoxide from ferrous cupola operations.
Rule 930. (1) After December 31, 1982, it is unlawful for a person to operate a ferrous cupola that has a melting capacity of 20 or more tons per hour located within any area listed in table 91, unless the ferrous cupola is equipped with an afterburner control system, or equivalent, which reduces the carbon monoxide emissions from the ferrous cupola by 90%.
(2) The emission rate of carbon monoxide from a ferrous cupola shall be determined by using reference test method 10, unless otherwise specified by the department.
(3) A person responsible for the operation of a ferrous cupola subject to the provisions of this rule shall submit to the commission, within 6 months after the effective date of this rule, a written program, acceptable to the commission, for compliance with this rule or evidence of compliance with this rule. The evidence shall include available data, control equipment specifications, or other information that demonstrates compliance. The required control program shall demonstrate that compliance will be achieved as expeditiously as practical.
(4) The program required by subrule (3) of this rule shall include the method by which compliance with this rule will be achieved, a complete description of new equipment to be installed, modifications to existing equipment to be made, and a timetable that specifies, at a minimum, all of the following dates:
(a) The date equipment will be ordered.
(b) The date construction or modification of equipment will begin.
(c) The date initial start-up of equipment will begin.
(d) The date final compliance will be achieved, if not the same as the date specified in subdivision (c) of this subrule.
TABLE 91
Areas subject to R 336.1930 County Area
Saginaw T12N, R4E, Sections 1, 12, 13, and 24;
T12N, R5E, Sections 4, 9, and 16-21
Macomb, Oakland, and Wayne
Area included within the following (counter-clockwise): Lake St. Clair to 14 Mile Road to Kelly Road north to 15 Mile Road to Hayes Road south to 14 Mile Road to Clawson city boundary, following north Clawson city boundary to north Royal Oak city boundary to 13 Mile Road to Evergreen Road to southern Beverly Hills city boundary to southern Bingham Farms city boundary to southern Franklin city boundary to Inkster Road to 8 Mile Road to western Livonia city boundary to western Westland city boundary to western Wayne city boundary to western and to southern Romulus city boundary including Pennsylvania Road extended to Detroit River.
R 336.1931 Standards for municipal solid waste landfills; adoption of standards by reference.
Rule 931. (1) The provisions of 40 C.F.R. part 60, subpart Cc, §§60.30c to 60.36c (2000), are adopted by reference in these rules. The owner or operator responsible for the operation of a municipal solid waste landfill that is subject to the provisions of 40 C.F.R. part 60, subpart Cc, §§60.30c to 60.36c (2000), entitled “emission guidelines and compliance schedules for municipal solid waste landfills,” shall comply with the provisions of 40 C.F.R. part 60, subpart Cc, §§60.30c to 60.36c (2000), and shall comply with the following schedule for increments of compliance, as specified in 40 C.F.R. part 60, subpart Cc, §60.36c, where applicable:
(a) Within 90 days of the date of approval of the state plan by the United States environmental protection agency, submit a design capacity report to the department.
(b) Within 90 days of the date of approval of the state plan by the United States environmental protection agency, submit the first annual emission rate report if the design capacity of the landfill is equal to or greater than
2.5 million megagrams and 2.5 million cubic meters. Subsequent annual emission rate reports shall be submitted to the department by March 15 of the following calendar year. Alternate 5-year emission reports allowed by 40
C.F.R. part 60, subpart WWW, §60.757 shall be submitted by March 15 of the appropriate calendar year.
(c) Within 12 months of the submittal of the annual emission rate report which first shows that the nonmethane organic compound emission rate is equal to or greater than 50 megagrams per year, submit the final site-specific collection and control system design plan to the department.
(d) Within 30 months of the submittal of the annual or alternate 5-year emission rate report which first shows that the nonmethane organic compound emission rate is equal to or greater than 50 megagrams per year, complete on-site construction or installation of the gas collection and control system and start-up operation of gas collection and control system.
(e) Within 180 days of the completion of the on-site construction or installation of the gas collection and control system as specified in subdivision (d) of this subrule, conduct the initial performance test of the gas collection and control system, for systems other than utility flares. Utility flares shall meet the requirements of 40 C.F.R. part 60, subpart A, §60.18(b).
(f) Within 60 days of conducting the initial performance test as specified in subdivision (e) of this subrule, submit a copy of the performance test results to the department.
(2) Alternate compliance schedules may be submitted to the department and the environmental protection agency on a case-by-case basis for approval. An alternate compliance schedule shall meet 1 or more of the following criteria for approval, as stated in 40 C.F.R. part 60, subpart B, §60.24(f):
(a) Unreasonable cost of control resulting from landfill age, location, or basic design.
(b) Physical impossibility of installing necessary control equipment.
(c) Other factors specific to the landfill that make application of a less stringent compliance time significantly more reasonable.
(3) A copy of 40 C.F.R. part 60, subparts B and Cc, (2000), is available for inspection and purchase at the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $66.00. Copies may also be obtained from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250- 7954, at a cost as of the time of adoption of these rules of $66.00, or on the United States government printing office internet web site at http://www.access.gpo.gov.
R 336.1932 Standards for municipal solid waste combusters; adoption of standards by reference.
Rule 932. (1) The provisions of 40 C.F.R. part 60, subpart Cb, §§60.30b to 60.39b (2000), are adopted by reference in these rules. The owner or operator of a large municipal waste combustor unit or units subject to the provisions of 40 C.F.R. part 60, subpart Cb, §§60.30b to 60.39b (2000), entitled “emissions guidelines and compliance schedules for municipal waste combustors,” shall comply with the provisions of 40 C.F.R. part 60, subpart Cb, §§60.30b to 60.39b (2000), and shall comply with all of the following compliance schedules, where applicable:
(a) The owner or operator of a large municipal waste combustor unit or units at a facility for which construction commenced after September 1987 and before September 20, 1994, shall comply with the following compliance schedule for controlling mercury and dioxin/furan emissions at the unit or units:
(i) By March 1, 1999, or within 6 months after the issuance of a permit to install, whichever is later, submit a final control plan to the department.
(ii) By March 1, 1999, or within 6 months after the issuance of a permit to install, whichever is later, award the contract for control systems or process modifications or purchase orders for components.
(iii) By June 1, 1999, or within 9 months after the issuance of a permit to install, whichever is later, initiate on- site construction or installation of control equipment or process changes.
(iv) By August 1, 1999, or within 11 months after the issuance of a permit to install, whichever is later, complete on-site construction of control equipment or process changes.
(v) By September 1, 1999, or within 12 months after the issuance of a permit to install, whichever is later, complete retrofit and start-up operation of equipment.
(vi) Within 180 days after completion of retrofit as specified in paragraph (v) of this subdivision, conduct final performance tests.
(vii) Within 90 days after conducting final performance tests as specified in paragraph (vi) of this subdivision, submit performance test results to the department.
(b) The owner or operator of a large municipal waste combustor unit or units at a facility for which construction commenced before September 20, 1994, shall comply with the following compliance schedule for the control of carbon monoxide, particulate matter, cadmium, lead, sulfur dioxide, hydrochloric acid, and oxides of nitrogen emissions at the unit or units:
(i) By March 1, 1999, or within 6 months after the effective date of this rule, whichever is earlier, submit a final control plan to the department.
(ii) By September 1, 1999, or within 12 months after the effective date of this rule, whichever is earlier, award contracts for control systems or process modifications or orders for the purchase of components.
(iii) By December 1, 1999, or within 18 months after the effective date of this rule, whichever is earlier, initiate on-site construction or installation of the air pollution control equipment or process changes.
(iv) By November 19, 2000, or within 24 months after the effective date of this rule, whichever is earlier, complete on-site construction or installation of control equipment or process changes.
(v) By December 19, 2000, start up the air pollution control equipment for the unit or units or cease operations of the unit or units until the retrofit of the unit or units is complete.
(vi) Within 180 days after completion of retrofit and start-up of operations as specified in paragraph (v) of this subdivision, conduct a final performance test.
(vii) Within 90 days after conducting the final performance test as specified in paragraph (vi) of this subdivision, submit performance test results to the department.
(c) The owner or operator of a municipal waste combustor unit or units at a facility to which the provisions of 40
C.F.R. §60.39b(c)(1)(ii) of subpart Cb apply shall permanently cease operations not later than December 19, 2000. A written closure agreement shall be submitted to the department before the closure date and shall include the calendar date on which operations of the unit or units will permanently cease and data from dioxin/furan emission tests in accordance with 40 C.F.R. §60.39b(c)(2) of subpart Cb.
(2) In accordance with the emission averaging and emission reduction credit trading rules, being R 336.2201 et seq., an owner or operator of a large municipal waste combustor unit or units may engage in air emission trading for oxides of nitrogen emissions.
(3) A copy of 40 C.F.R. part 60, subpart Cb, §§60.30b to 60.39b (2000), is available for inspection and purchase at the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $66.00. Copies may also be obtained from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania, 15250-7954, at a cost as of the time of adoption of this rule of $66.00, or on the United States government printing office internet web site at http://www.access.gpo.gov.
