Section 336.2809. Exemptions.

(1) The requirements of R 336.2810 to R 336.2818 do not apply to a particular major stationary source or major modification if either of the following occurs:

(a)    The major stationary source would be a nonprofit health or nonprofit educational institution or a major modification that would occur at such an institution.

(b)       The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source is not required to include fugitives in its potential to emit under R 336.2801(cc)(v).

(c)     The source or modification is a portable stationary source which has previously received a permit under R 336.2810 to R 336.2818, if all of the following occur:

(i)    The source proposes to relocate and emissions of the source at the new location would be temporary.

(ii)    The emissions from the source would not exceed its allowable emissions.

(iii)    The emissions from the source would not impact a class I area or an area where an applicable increment is known to be violated.

(iv)     Reasonable notice is given to the department before the relocation identifying the proposed new location and the probable duration of operation at the new location. Notice shall be given to the department not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the department.

(2)   The requirements of R 336.2810 to R 336.2818 do not apply to a major stationary source or  major  modification with  respect  to  a particular  pollutant  if  the  owner  or operator demonstrates that, as to that pollutant, the source or modification is subject to new source review for major sources in nonattainment areas regulations.

(3)   The requirements of R 336.2811, R 336.2813, and R 336.2815 do not apply to a proposed major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would be temporary and would not impact a class I area or an area where an applicable increment is known to be violated.

(4)   The requirements of R 336.2811, R 336.2813, and R 336.2815, as they relate to any maximum allowable increase for a class II area, do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated new source review pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

(5)     The department may exempt a proposed major stationary source or major modification from R 336.2813, with respect to monitoring for a particular pollutant, if any of the following occur:

(a)     The emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

(i)    Carbon monoxide -- 575 micrograms per cubic meter, 8-hour average.

(ii)    Nitrogen dioxide -- 14 micrograms per cubic meter, annual average.

(iii)     Particulate matter -- 10 micrograms per cubic meter of PM-10, 24-hour average. 4 micrograms per cubic meter of PM 2.5, 24-hour average.

(iv)    Sulfur dioxide -- 13 micrograms per cubic meter, 24-hour average.

(v)     Ozone – There is no de minimis air quality level for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or oxides of nitrogen subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.

(vi)    Lead -- 0.1 micrograms per cubic meter, 3-month average.

(vii)     Fluorides -- 0.25 micrograms per cubic meter, 24-hour average.

(viii)     Total reduced sulfur -- 10 micrograms per cubic meter, 1-hour average.

(ix)    Hydrogen sulfide -- 0.2 micrograms per cubic meter, 1-hour average.

(x)    Reduced sulfur compounds -- 10 micrograms per cubic meter, 1-hour average.

(b)     The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subdivision (a) of this subrule.

(c)    The pollutant is not listed in subdivision (a) of this subrule. History: 2006 AACS; 2012 AACS.