Section 336.1374. Particulate matter contingency measures; area listed in table 37.

(1)   The provisions of this rule apply to all of the following that are within the area listed in table 37:

(a)   Mining operations, standard industrial classification major groups 10 through 14.

(b)     Manufacturing  operations,  standard   industrial  classification  major  groups  20 through 39.

(c)   Railroad transportation, standard industrial classification major group 40.

(d)   Motor freight transportation and warehousing, standard industrial classification major group 42.

(e)   Electric services, standard industrial classification group 491.

(f)  Sanitary services, standard industrial classification group 495.

(g)   Steam supply, standard industrial classification group 496.

TABLE 37

County            Area

Wayne             The area bounded by Michigan Avenue from its intersection with I-75 west to I-94; I-94 southwest to Greenfield Road; Greenfield Road south to Schaefer; Schaefer south and east to Jefferson Avenue; Jefferson Avenue (Biddle Avenue in Wyandotte) south to Sibley Road; Sibley Road west to Fort Street; Fort Street south to King Road; King Road east to Jefferson Avenue; Jefferson Avenue south to Helen Avenue; Helen Avenue and extension east to the Trenton Channel; the Trenton Channel north to the Detroit River north to the Ambassador Bridge; Ambassador Bridge to I- 75; and I-75 to Michigan Avenue.

(2)   Upon a formal determination and written notification by the department or the United States environmental protection agency that an ambient air quality monitor located within the area defined in table 37 has recorded a violation of the national ambient air quality standards for particulate matter with an aerodynamic diameter less than 10 microns (PM-10) as defined in 40 C.F.R. §50.6, a company which is in compliance with the criteria specified in subrule (1) of this rule and which has any portion of its facility property boundaries located within 1 mile of the monitor that recorded the violation shall be in compliance with 1 or both of the following provisions, as applicable:

(a)  If the violation is of the annual PM-10 national ambient air quality standards, then the company shall be in compliance with the requirements of subrule (3)(a) of this rule within 60 days after receipt of the notification or shall implement the fugitive dust control strategies submitted pursuant to subrule (3)(b) of this rule within 60 days after receipt of the notification.

(b)    If the violation is of the 24-hour PM-10 national ambient air quality standard, then a company that is located in the portion of an area which has a 1-mile radius centered upon the monitor and which remains after the largest contiguous portion of the circular area is removed that contains wind direction sectors for which no detectable wind speed measurements were made for all calendar days used as the basis for the 24-hour PM-10 violation, shall be in compliance with the requirements of subrule (3) of this rule within 60 days after receipt of the notification or shall implement the fugitive dust control strategies submitted pursuant to subrule (3)(b) of this rule within 60 days after receipt of the notification. The determination shall be made using wind rose plots generated with wind speed and direction data obtained from the Detroit metropolitan airport, unless more representative data is available.

If a company elects to submit process or combustion source control strategies pursuant to subrule (3)(b)(ii) or (iii) of this rule, then the company shall commence the schedule to implement the process or combustion source control strategies upon notification of a violation of the national ambient air quality standard for PM-10. If 60 days has passed after a company is notified of a violation of the PM-10 national ambient air quality standard and control strategies have been submitted to the department pursuant to  subrule  (3)(b)   of  this  rule   which  have  not  yet  been   approved  into  the   state

implementation plan by the United States environmental protection agency, then the company shall be subject to the opacity limit in subrule (3)(a) of this rule pursuant to the implementation procedures contained in this rule until the company has been notified that the control strategies have been approved by the United States environmental protection agency as a revision to the Michigan state implementation plan and written notification has been received by the department from the company stating that the controls have been implemented.

The provisions of 40 C.F.R. §50.6 (2000), are adopted by reference in these rules and are available for inspection and purchase at the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909- 7760, at cost. Copies may 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 $28.00, or on the United States government printing office internet web site at http://www.access.gpo.gov.

(3)   The owner or operator of a facility that is subject to the requirements of this rule shall comply with either of the following provisions:

(a)   The owner or operator shall not allow the fugitive dust emissions from any paved or unpaved road to exceed an opacity of more than 10%. The opacity shall be determined by method 9 specified in 40 C.F.R. Part 60, appendix A, which is adopted by reference in R 336.2004, except that the number of readings for each vehicle pass will be 3 taken at 5-second intervals. The first reading shall be at the point of maximum opacity. The second and third readings shall be at the same point with respect to the roadway, which is a point where the observer stands at right angles to the plume not less than 15 feet away from the plume and observes approximately 4 feet above the surface of the roadway or parking area.  After 4 vehicles have passed, the 12 readings will be averaged.

(b)    The owner or operator shall submit, to the department, control strategies and compliance schedules in compliance with any of the following provisions:

(i)   The owner or operator shall submit, to the air quality division, control strategies that will reduce total annual facility-wide fugitive dust emissions of PM-10 by not less than 15%.

(ii)   An owner or operator may as an alternative to the requirement of paragraph (i) of this subdivision, submit control strategies which provide for reductions in allowable PM- 10 emissions that are equal to 15% of a facility's total annual fugitive dust emissions of PM-10 from process emission or fuel combustion sources and which include a reasonable schedule for the implementation of the control strategies. The baseline used in calculating the percent reduction for a process or combustion control strategy shall be determined using the maximum operating rate for the source and the lowest allowable particulate emission limit applicable to the source contained in any of the following:

(A)  A state administrative rule.

(B)  A state consent order.

(C)  A state installation permit.

(D)  A state operating permit.

(iii)     An owner or operator may elect to obtain the PM-10 emission reductions required by this subdivision through a combination of the requirements specified in paragraphs (i) and (ii) of this subdivision.

(4)     The control strategies and compliance schedules submitted pursuant to, and complying with, the requirements of subrule

(3)(b) of this rule shall be approved by the air quality division through the issuance of department consent orders. Before a company may substitute control strategies or compliance schedules for the opacity limit in subrule (3)(a) of this rule, the state shall have submitted the consent orders to the United States environmental protection agency for approval as a revision to the Michigan state implementation plan, the United States environmental protection agency shall have approved the orders and incorporated them into the Michigan state implementation plan, and the department shall have received written notification from the company stating that the fugitive dust control measures are being implemented or that the company has begun to implement the process source control measure implementation schedule.

(5)   For the purposes of this rule, "wind direction sector" means equal portions of a circular area consisting of any 1 of 16 possible areas consisting of 22.5 degrees of angle centered about the compass points north, north northeast, northeast, east northeast, east, east southeast, southeast, south southeast, south, south southwest, southwest, west southwest, west, west northwest, northwest, and north northwest.

History: 1995 AACS; 2002 AACS.