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DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION
AIR POLLUTION CONTROL
Filed with the Secretary of State on
This rule becomes 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 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order No. 1995-18,
MCL 324.99903)
Draft March 6, 2006
R 336.1818 of the Michigan Administrative Code is added as follows:
PART 8. EMISSION LIMITATIONS AND PROHIBITIONS— OXIDES OF NITROGEN
R 336.1818 Emission limitations for stationary internal combustion engines.
Rule 818. (1) As used in this rule:
(a) “Affected engine” means a stationary internal combustion engine that is a large NOx SIP call engine, or any other stationary internal combustion engine that is subject to oxides of nitrogen control under a compliance plan established under subrule (3) of this rule.
(b) “Diesel engine” means a compression ignited 2- or 4-stroke engine in which liquid fuel injected into the combustion chamber ignites when the air has been compressed to a temperature sufficiently high for auto-ignition.
(c) “Dual fuel engine” means any stationary reciprocating internal combustion engine in which a liquid fuel, typically diesel fuel, is used for compression ignition and gaseous fuel, typically natural gas, is used as the primary fuel.
(d) “Engine seasonal NOx 2007 tonnage reduction” means the year 2007 ozone control period oxides of nitrogen emissions reductions value (tons) for a large NOx SIP call engine, which is based on an oxides of nitrogen control efficiency of 82% for large gas-fired engines and 90% for diesel and dual-fuel engines.
(e) “Facility seasonal NOx 2007 tonnage reduction” means the total of the engine ozone control period NOx 2007 tonnage reductions attributable to all of an owner or operator’s large NOx SIP call engines.
(f) “Large NOx SIP call engine” means a stationary internal combustion engine emitting more than 1 ton of oxides of nitrogen per average ozone control period day in 1995.
(g) “Lean-burn engine” means any 2- or 4-stroke spark-ignited engine that is not a rich-burn engine.
(h) “Ozone control period” means the period of May 1 to September 30.
(i) “Past NOx emission rate” means the emission rate of an affected engine in grams per brake horsepower-hour as determined by performance testing consistent with the requirements of 40 C.F.R., part 60, appendix A, as adopted by reference in R 336.1801. Where the performance test data are not available, the past NOx emission rate may be determined by the department on a case-by-case basis using, for example, appropriate emission factors. For large NOx SIP call engines, the past NOx emission rate is the uncontrolled emission rate.
(j) “Projected operating hours” means the projected actual number of hours of operation per ozone control period for an affected engine.
(k) “Projected NOx emission rate” means the projected emission rate in grams per brake horsepower- hour after installation of controls on an affected engine.
(l) “Rich-burn engine” means a spark-ignited stationary internal combustion engine in which the concentration of oxygen in the exhaust stream before any dilution is 1% or less measured on a dry basis.
(m) “Stationary internal combustion engine” means an internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from 1 location to another and remains at a single site at a building, structure, facility, or installation for more than 12 consecutive months. An engine, or engines, that replaces an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period.
(2) Applicability. The requirements of this rule apply to the owner or operator of a large NOx SIP call engine located in the Michigan fine grid zone defined in R 336.1803(1).
(3) Standards. After May 1, 2007, an owner or operator of a large NOx SIP call engine shall not operate the engine in the ozone control period unless the owner or operator complies with either the requirements of a compliance plan which meets the following provisions listed in subdivision (a) of this subrule or the emission rate limitations expressed as oxides of nitrogen listed in subdivision (b) of this subrule:
(a) Compliance plan includes the following:
(i) Shall be approved by the department.
(ii) Shall demonstrate enforceable emission reductions from 1 or more stationary internal combustion engines equal to or higher than the facility seasonal NOx 2007 tonnage reduction.
(iii) May cover some or all engines at an individual facility or at several facilities or at all facilities in the Michigan fine grid zone that are under control of the same owner or operator.
(iv) Shall be submitted to the department by October 1, 2006.
(v) Shall include the following items:
(A) A list of affected engines, including the engine’s manufacturer, model, facility location address, and facility state registration number.
(B) The projected ozone control period hours of operation for each affected engine and supporting documentation.
(C) A description of the oxides of nitrogen emissions control installed, or to be installed, on each affected engine and documentation to support the projected NOx emission rates.
(D) The past and projected NOx emission rates for each affected engine in grams per brake horsepower-hour.
(E) A numerical demonstration that the emission reductions obtained from all affected engines will be equivalent to or greater than the owner or operator’s facility seasonal NOx 2007 tonnage reduction, based on the difference between the past NOx emission rate and the projected NOx emission rate multiplied by the projected operating hours for each affected engine.
(F) Provisions for monitoring, reporting, and recordkeeping for each affected engine.
(vi) The projected NOx emission rate in grams per brake horsepower-hour for each affected engine shall be included in a federally enforceable permit.
(b) The following are NOx emission rate limitations:
(i) Rich-burn, 1.5 grams per brake horsepower per hour.
(ii) Lean-burn, 3.0 grams per brake horsepower per hour.
(iii) Diesel, 2.3 grams per brake horsepower per hour.
(iv) Dual fuel, 1.5 grams per brake horsepower per hour.
(4) Reporting, monitoring, and recordkeeping. An owner or operator subject to the requirements of subrule (3) of this rule shall comply with the following requirements:
(a) Monitoring requirements. Each affected engine subject to this rule shall comply with the following requirements:
(i) Complete an initial performance test not later than 30 days after May 1, 2007, consistent with the requirements of 40 C.F.R., part 60, appendix A, as adopted by reference in R 336.1801, following installation of emission controls required to achieve the projected NOx emission rate in subrule (3)(a) of this rule or the emission rate limit specified in subrule (3)(b) of this rule. For this and any subsequent performance test, an owner or operator of an affected engine shall submit a test plan to the department not less then 30 days before the scheduled test date. To ensure proper testing, the plan shall supply the information in the department format for submittal of source emission test plans and reports. The owner or operator shall give the department a reasonable opportunity to witness the tests. An owner or operator shall submit 2 copies of each compliance performance test to the department within 60 days of completion of the testing. The test results shall be presented and include data as requested in the department format for submittal of source emission test plans and reports.
(ii) Perform monitoring sufficient to yield reliable data for each ozone control period that is representative of a source’s compliance with the projected NOx emission rate in subrule (3)(a) of this rule or the emission rate limit specified in subrule (3)(b) of this rule. The monitoring may include 1 of the following:
(A) Performance tests consistent with either of the following adopted standards:
(1) The provisions of 40 C.F.R. part 60, subpart A and appendices A, B, and F, and part 75 (2005) are adopted by reference in these rules. Copies of the 40 C.F.R. parts 60 and 75 may be inspected at the Lansing office of the air quality division of the department of environmental quality. Copies of 40
C.F.R. parts 60 and 75 (2005) are available for inspection and purchase at the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost at the time of adoption of these rules of $58.00 for part 60.1-end, $57.00 for part 60 appendices, and $62.00 for part 75. Copies may be obtained from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost at the time of adoption of these rules of $58.00 for part 60.1-end, $57.00 for part 60 appendices, and
$62.00 for part 75, or on the United States government printing office internet web site at www.gpoaccess.gov.
(2) Standard test method for determination of nitrogen oxides, carbon monoxide, and oxygen concentrations in emissions from natural gas-fired reciprocating engines, combustion turbines, boilers, and process heaters using portable analyzers; ASTM D6522-00; 2005. Copies of this standard may be obtained, at a cost of $34.00 at the time of publication of this rule, from the American Society for Testing and Materials, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania, 19428-2959; Phone: (610) 832-9585; website www.astm.org. A copy of this standard is also available for inspection at the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48909.
(B) A parametric monitoring program that specifies operating parameters, and their ranges, that shall provide reasonable assurance that each engine’s emissions are consistent with the requirements of subrule (3) of this rule.
(C) A predictive emissions measurement system that relies on automated data collection from instruments.
(D) A continuous emission monitoring system that complies with the procedures set forth in 40 C.F.R., part 60, subpart A and appendix B, and with the quality assurance procedures in appendix F; or 40 C.F.R., part 75, and associated appendices, as applicable and acceptable to the department. Title 40
C.F.R. parts 60 and 75 are adopted by reference in R 336.1801. An owner or operator of an emission unit which elects this option shall submit a monitoring plan to the department not less than 30 days before installation. The owner or operator shall provide the department with a 30-day notice before a relative accuracy test audit.
(b) Recordkeeping requirements are as follows:
(i) Maintain all records necessary to demonstrate compliance with the requirements of this rule for a period of 5 calendar years at the plant at which the affected engine is located. The records shall be made available to the department and the U.S. environmental protection agency upon request.
(ii) For each engine subject to the requirements of this rule, the owner or operator shall maintain records of all of the following:
(A) Identification and location of each engine subject to the requirements of this subrule.
(B) Calendar date of record.
(C) The number of hours the unit is operated during each ozone control period compared to the projected operating hours.
(D) Type and quantity of fuel used.
(E) The results of all compliance tests.
(c) Reporting requirements. An owner or operator subject to the requirements of this rule shall submit the results of all compliance tests to the department within 60 days of completion of the testing.