-
ORR # 2001-059
DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION
AIR POLLUTION CONTROL
Filed with the Secretary of State on May 20, 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 336.1102, R 336.1104, R 336.1105, R 336.1107, R 336.1108, R 336.1113, R 336.1118, and
R 336.1120 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) "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 336.1104 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) "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) "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) “Demolition waste material” means waste building materials that result from demolition operations on houses and commercial and industrial buildings.
(e) "Department" means the director of the department of environmental quality or his or her designee.
(f) "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) "Dry organic resin" means the organic resin solids from which all liquids have been removed, as deliverable for sale or use.
(h) "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 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 quantita- tively 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 336.1107 Definitions; G.
Rule 107. As used in these rules:
(a) "Gasoline" means any petroleum distillate which has a Reid vapor pressure equal to or greater than 4.0 psia and which is used for automotive fuel.
(b) "Geographical site" means contiguous land ownership by 1 landowner. A public right of way, such as a road, railroad, and watercourse, through part of the site, is not considered to break the continuity. Where transmission and fuel delivery rights-of-way or a strip of land that serves no other purpose than as a transportation or materials handling link connects 2 or more otherwise separate geographical sites, the connected sites shall be considered separate geographical sites.
(c) "Good engineering practice design" means, with respect to stack heights, the height necessary to ensure that emissions from the stack result in acceptable concentrations of air contaminants in the immediate vicinity of the stationary source as a result of atmospheric downwash, eddies, and wakes which may be created by the stationary source itself, nearby structures, or nearby terrain obstacles and shall not exceed the greatest of the following limits:
(i) Two hundred and thirteen feet (65 meters).
(ii) Two and one-half times the height of the structure or nearby structure for those stacks for which construction or modification commenced on or before January 12, 1979, if the owner or operator produces evidence that this relationship was actually relied upon in designing the stack to ensure protection against downwash.
(iii) The sum of the height of the structure or nearby structure plus 1.5 times the lesser of the height or width of the structure or nearby structure for those stacks for which construction or modification commenced after January 12, 1979.
(iv) Such height as an owner or operator of a stationary source demonstrates, to the satisfaction of the department, is necessary through the use of field studies or fluid models after notice and opportunity for public hearing.
(d) "Gloss reducer" means a coating that is applied to a plastic part solely to reduce the shine of the part. A gloss reducer shall not be applied at a thickness of more than 0.5 mils of coating solids.
(e) "Graphic arts line" means an operation or series of operations in which printing (the formation of words), designs, or pictures on a substrate by means of partial coverage of the substrate are employed. A graphic arts line may also employ 1 or more coating operations in which a uniform layer of coating is applied either across the entire width of the substrate or across only certain portions of the substrate.
R 336.1108 Definitions; H.
Rule 108. As used in these rules:
(a) "Hardboard" means a panel manufactured primarily from interfelted ligno-cellulosic fibers which are consolidated under heat and pressure in a hot press.
(b) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood.
(c) "Heavy liquid" means a liquid which is less than 10% evaporated at 150 degrees Centigrade as determined by ASTM method d-86. ASTM d-86 is herein adopted by reference in these rules. A copy may be inspected at the Lansing office of the air quality division of the department of environmental quality. A copy may be obtained from the Department of Environmental Quality, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost of $40.00. A copy may also be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, at a cost of $40.00.
(d) "High bake coating" means a coating which is designed to cure only at temperatures of more than 90 degrees Celsius (194 degrees Fahrenheit).
(e) "High-speed dispersion mill" means a mixer that has 1 or more blades which rotate at high speed to disperse coating solids.
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) "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) "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) "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) "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) "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 enforceable 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) "Motor vehicle" means any self-propelled vehicle registered for, or requiring registration for, use on the highway.
R 336.1118 Definitions; R.
Rule 118. As used in these rules:
(a) "Reactor" means a vessel which may be jacketed to permit temperature control and which is designed to contain materials during chemical reaction.
(b) “Reconstruction” means the replacement of components of an existing facility so that the fixed capital cost of the new components is more than 50% of the fixed capital cost that would be required to construct a comparable entirely new emission unit and so that it is technologically and economically feasible to meet the applicable requirement.
“Fixed capital cost,” as used in this subdivision, means the capital needed to provide all of the depreciable components.
(c) "Red coating" means a coating which meets all of the following criteria:
(i) Yellow limit: the hue of hostaperm scarlet.
(ii) Blue limit: the hue of monastral red-violet.
(iii) Lightness limit for metallics: 35% aluminum flake.
(iv) Lightness limit for solids: 50% titanium dioxide white.
(v) Solid reds: hue angle of -11 to 38 degrees and maximum lightness of 23 to 45 units.
(vi) Metallic reds: hue angle of -16 to 35 degrees and maximum lightness of 28 to 45 units.
These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, the upper limit is 49 units. The maximum lightness varies as the hue moves from violet to orange. This is a natural consequence of the strength of the colorants, and real colors show this effect.
(d) "Reference test method," with respect to source sampling, means a method or set of procedures, as described in appendix A to these rules, for obtaining source samples.
(e) "Refinery unit" means a set of components and other equipment which are a part of a basic process operation, such as distillation, hydrotreating, cracking, or reforming of hydrocarbons.
(f) "Reid vapor pressure" means the absolute vapor pressure of an organic compound at 100 degrees Fahrenheit as measured by the standard test method set forth in ASTM D-323 or approved equivalent. ASTM D-323 is adopted by reference in these rules. A copy may be inspected at the Lansing office of the air quality division of the department of environmental quality. A copy may be obtained from the Department of Environmental Quality, P.0. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $30.00. A copy may also be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, at a cost as of the time of adoption of these rules of $30.00.
(g) "Repetitive production of a product" means, for batch processes or process equipment, producing 10 or more batches of the product. For continuous processes or process equipment, this phrase means running the process or process equipment for a period of more than 10 times the length of time for the raw materials to become the finished product or 24 hours, whichever is longer.
(h) “Research and development activities” means activities conducted for the primary purpose of developing new production processes and products, testing more efficient production processes, or testing methods for preventing or reducing adverse environmental impacts, if the activities are in compliance with both of the following provisions:
(i) The activities do not include the production of an intermediate or final product for sale or exchange for commercial profit, except in a de minimis manner.
(ii) The activities are conducted at a research or laboratory facility that is operated under the close supervision of technically trained personnel.
(i) "Resist coat" means a coating that is applied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part.
(j) "Responsible official" means, for the purposes of signing and certifying the truth, accuracy, and completeness of permit applications, monitoring and other reports, and compliance certifications, any of the following:
(i) For a corporation, a president, secretary, treasurer, or vice-president of the corporation who is in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation. The person identified in the preceding sentence may appoint another person as his or her authorized representative under either of the following circumstances:
(A) The representative is responsible for the overall operation of 1 or more manufacturing, production, or operating facilities applying for or subject to a permit and either the facilities employ more than 250 persons or have gross annual sales or expenditures of more than $25,000,000.00.
(B) The representative has responsibilities for the overall operation of a source and is approved in advance by the department. A responsible official shall submit a written request for approval from the department to designate an authorized representative pursuant to this paragraph. The department shall respond, in writing, within 30 days of receipt of the request.
(ii) For a partnership or sole proprietorship, a general partner or the proprietor.
(iii) For a county, city, village, township, state, federal, or other public agency, either a principal executive officer or ranking elected official. For this purpose, a principal executive officer includes the chief executive officer who has responsibility for the overall operations of a principal geographic unit of the agency.
(iv) For affected sources under title IV of the clean air act, the designated representative as defined in title IV of the clean air act.
(k) "Rotogravure printing" means the application of words, designs, pictures, or surface coating to a substrate by means of a roll printing technique that involves intaglio or recessed image areas in the form of cells.
R 336.1120 Definitions; T.
Rule 120. As used in these rules:
(a) "Temporary source" means a stationary source, process, or process equipment that commences operation and is located at a geographic site for not more than 12 consecutive months.
(b) "Texture coat" means a coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the coating.
(c) "Thin particleboard" means a manufactured board which is 1/4 of an inch or less in thickness and which is made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.
(d) "Thinning tank," as it pertains to R 336.1631, means any vessel which receives resin from a reactor and to which solvents or other materials are added to thin the resin.
(e) "Tileboard" means paneling that has a colored, waterproof surface coating.
(f) "Toxic air contaminant" or "TAC" means any air contaminant for which there is no national ambient air quality standard and which is or may become harmful to public health or the environment when present in the outdoor atmosphere in sufficient quantities and duration. For the purpose of this definition, all of the following substances shall not be considered to be toxic air contaminants:
(i) Acetylene.
(ii) Aluminum metal dust.
(iii) Aluminum oxide (nonfibrous forms).
(iv) Ammonium sulfate.
(v) Argon.
(vi) Calcium carbonate.
(vii) Calcium hydroxide.
(viii)Calcium oxide.
(ix) Calcium silicate.
(x) Calcium sulfate.
(xi) Carbon dioxide.
(xii) Carbon monoxide.
(xiii)Cellulose.
(xiv) Coal dust.
(xv) Crystalline silica emissions from any of the following processes:
(A) Extraction and processing of all metallic or non-metallic minerals.
(B) Sand production, processing, and drying.
(C) Asphalt production.
(D) Concrete production.
(E) Glass and fiberglass manufacturing.
(F) Foundries.
(G) Foundry residual recovery activities.
(H) Any other process if the crystalline silica emissions are less than 10% of the total PM-10 emissions.
(xvi) Emery.
(xvii)Ethane.
(xviii) Graphite (synthetic).
(xix) Grain dust.
(xx) Helium.
(xxi) Hydrogen.
(xxii) Iron oxide.
(xxiii) Lead.
(xxiv) Liquefied petroleum gas (l.p.g.).
(xxv) Methane.
(xxvi)Neon.
(xxvii) Nitrogen.
(xxviii) Nitrogen oxides.
(xxix)Nuisance particulates.
(xxx) Oxygen.
(xxxi)Ozone.
(xxxii) Perlite.
(xxxiii) Portland cement.
(xxxiv) Propane.
(xxxv)Silicon.
(xxxvi) Starch.
(xxxvii) Sucrose.
(xxxviii) Sulfur dioxide.
(xxxix)Vegetable oil mist. (xl) Water vapor.
(xli) Zinc metal dust.
(g) "Toxicological interaction" means the simultaneous exposure to 2 or more hazardous substances which will produce a toxicological response that is greater or less than their individual responses.
(h) "Transfer efficiency" means the percentage of coating solids material that leaves the coating applicator and remains on the surface of the product.
(i) "True vapor pressure" means the equilibrium partial pressure exerted by a liquid or the sum of partial pressures exerted by a mixture of liquids. For refined petroleum stock (gasolines and naphthas) and crude oil, the "true vapor pressure" may be determined in accordance with methods described in American petroleum institute bulletin MPMS C19 S2, “Manual of Petroleum Measurement Standards, Chapter 19, Evaporative Loss Measurements, Section 2, Evaporative Loss From Floating-Roof Tanks,” 1997. American petroleum institute bulletin MPMS C19 S2 is adopted in these rules by reference. A copy may be inspected at the Lansing office of the air quality division of the department of environmental quality. A copy may be obtained from the Department of Environmental Quality, Air Quality Division, P.0. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $116.00. A copy may also be obtained from the Global Engineering Documents, HIS Company, 15 Inverness Way East, Englewood, Colorado 80112, at a cost as of the time of adoption of these rules of $116.00.
