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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.
Draft 7/13/2007
(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 336.1640 is added to the Michigan Administrative Code as follows:
PART 6. EMISSION LIMITATIONS AND PROHIBITIONS--
EXISTING SOURCES OF VOLATILE ORGANIC COMPOUND EMISSIONS
R 336.1640 Emission of volatile organic compounds; existing process operations utilized in manufacture of Portland cement at facility located in Lenawee, Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties.
Rule 640. (1) After April 30, 2008, a person shall not operate existing kilns, located in Lenawee, Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties, utilized in the manufacture of Portland cement unless all of the provisions of subrules (2) to (8) of this rule are met.
(2) Each year during the ozone season starting May 1 and ending September 30, the emission of volatile organic compounds from the Portland cement kilns shall not be more than 1.31 pounds per ton of clinker produced, based on a daily averaging period.
(3) Compliance with the emission limits specified in subrule (2) of this rule shall be phased in as follows:
(a) From May 1, 2008, to September 30, 2008, compliance with emission limits in subrule (2) of this rule shall be applicable to 1 Portland cement kiln only.
(b) From May 1, 2009, to September 30, 2009, and for each May 1 to September 30 ozone season thereafter, compliance with emission limits in subrule (2) of this rule shall be applicable to all Portland cement kilns.
(4) Compliance with the emission limits specified in subrule (2) of this rule shall be determined using the method described in R 336.2004(1)(t) or an alternate method approved by the department. Upon request by the department, a person responsible for the operations of the kiln(s) that are subject to the provisions of subrule (2) of this rule shall submit to the department test data and production information necessary for a determination of compliance.
(5) Not later than 3 months after the effective date of this rule and thereafter, a person responsible for the operations of the kiln(s) subject to the provisions of subrule (2) of this rule shall obtain current information and keep records necessary for a determination of compliance with the provisions of this rule, that include the continuous production rate and annual emission rate of volatile organic compounds, shown as pounds of volatile organic compounds per ton of clinker produced (pound/ton clinker) and tons of volatile organic compounds emitted per year (ton/year) respectively. This information may include any of the following information:
(a) Emissions monitoring or test data.
(b) Material balance calculations.
(c) Process production rates.
(d) Control equipment specifications and operating parameters.
(6) A person responsible for the operations of the kiln(s), subject to the provisions of this rule, shall submit to the department a written program for compliance with this rule or evidence of compliance with this rule. The written program or evidence of compliance shall be submitted to the department not later than 15 days after the effective date of this rule.
(7) The program required by subrule (6) of this rule shall include the method by which compliance with this rule shall be achieved, a description of new equipment to be installed or modifications to existing equipment to be made, and a timetable that specifies, at a minimum, all of the following dates:
(a) The date or dates equipment shall be ordered.
(b) The date or dates construction, modification, or process changes shall begin.
(c) The date or dates initial start-up of equipment shall begin.
(d) The date or dates final compliance shall be achieved.
(8) A person responsible for the operations of the kilns may discontinue the operation of the control system, which is used to achieve compliance with the emission limits in this rule between October 1 and April 30, unless the control system is used to achieve compliance with, or if required by, any of the following:
(a) Any other provisions of these rules.
(b) A permit to install.
(c) A permit to operate.
(d) A voluntary agreement.
(e) A consent order.
(f) An order of the department.
