Michigan Administrative Code
Department - Environmental Quality
Air Quality Division
Part 2 - AIR USE APPROVAL
Section R. 336.1211 - Renewable operating permit applicability
Universal Citation: MI Admin Code R. 336.1211
Current through Vol. 24-04, March 15, 2024
Rule 211.
(1) All of the following stationary sources are subject to the requirements of R 336.1210 to obtain, and only operate in compliance with, a renewable operating permit:
(a) Major
sources as defined by any of the following criteria:
(i) A major source under section 112 of the
clean air act, which is defined as any stationary source or group of stationary
sources located within a contiguous area and under common control that emits,
or has the potential to emit, in the aggregate, any of the following:
(A) Ten tons per year of any hazardous air
pollutant that has been listed under section 112(b) of the clean air
act.
(B) Twenty-five tons per year
of any combination of hazardous air pollutants that have been listed under
section 112(b) of the clean air act.
(C) A lesser quantity as the administrator of
the United States environmental protection agency may establish by rule for any
hazardous air pollutant listed under section 112(b) of the clean air act. The
department shall maintain, and make available upon request, a list of the
hazardous air pollutants for which a lesser quantity criteria has been
established. Emissions from any oil or gas exploration or production well, with
its associated equipment, and emissions from any pipeline compressor or pump
station shall not be aggregated with emissions from other similar units,
whether or not the units are in a contiguous area or under common control, to
determine whether the units or stations are major sources under this paragraph.
For the purpose of this paragraph, the potential to emit of a stationary source
for hazardous air pollutants includes fugitive emissions, regardless of the
category of the stationary source.
(ii) A stationary source that directly emits,
or has the potential to emit, 100 tons per year or more of any of the
following:
(A) Lead.
(B) Sulfur dioxide.
(C) Nitrogen oxides.
(D) Carbon monoxide.
(E) PM 10.
(F) PM 2.5.
(G) Ozone.
(H) Volatile organic compounds.
(I) Any air contaminant regulated under
section 111 of the clean air act.
(J) Any class I and class II substances under
title VI of the clean air act.
For the purpose of this paragraph, the fugitive emissions of a stationary source shall not be considered in determining whether the stationary source is a major source, unless the stationary source belongs to 1 of the categories listed in the definition of potential to emit in R 336.1116.
(iii) A major stationary source, as defined
in part D of title I of the clean air act, and
R
336.2901(t), including, for ozone
nonattainment areas, stationary sources that have the potential to emit 100
tons per year or more of volatile organic compounds or oxides of nitrogen in
areas classified as marginal or moderate.
(b) Any affected source as defined in
40
C.F.R. §
72.6 and section 402 of the
clean air act.
(c) Any stationary
source required to have a permit under part C or D of title I of the clean air
act.
(d) Any solid waste
incineration unit, as defined in section 129(g) of the clean air act, that is
required to obtain a renewable operating permit under section 129(e) of the
clean air act.
(e) Any municipal
solid waste landfill that has a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters.
(f) Any stationary source in a source
category designated by the administrator of the United States environmental
protection agency under
40
C.F.R. §
70.3(a)(5).
(g) Any stationary source required to operate
subject to a renewable operating permit under 40 C.F.R. part 63, area source
requirements, including the following:
(i) Any
secondary lead smelter subject to national emission standards for hazardous air
pollutants from secondary lead smelting, 40 C.F.R. part 63, subpart X, adopted
by reference in
R
336.1902.
(ii) Any hazardous waste combustor subject to
national emission standards for hazardous air pollutants from hazardous waste
combustors, 40 C.F.R. part 63, subpart EEE, adopted by reference in
R
336.1902.
(iii) Any Portland cement plant subject to
national emissions standards for hazardous air pollutants from the Portland
cement manufacturing industry, 40 C.F.R. part 63, subpart LLL, adopted by
reference in
R
336.1902.
(iv) Any steelmaking facility subject to
national emission standards for hazardous air pollutants for area sources:
electric arc furnace steelmaking facilities, 40 C.F.R. part 63, subpart YYYYY,
adopted by reference in
R
336.1902.
(v) Any primary copper smelter subject to
national emission standards for hazardous air pollutants for primary copper
smelting area sources, 40 C.F.R. part 63, subpart EEEEEE, adopted by reference
in
R
336.1902.
(vi) Any secondary copper smelter subject to
national emission standards for hazardous air pollutants for secondary copper
smelting area sources, 40 C.F.R. part 63, subpart FFFFFF, adopted by reference
in
R
336.1902.
(vii) Any primary nonferrous metal area
sources subject to national emission standards for hazardous air pollutants for
primary nonferrous metals area sources-zinc, cadmium, and beryllium, 40 C.F.R.
part 63, subpart GGGGGG, adopted by reference in
R
336.1902.
(viii) Any chemical manufacturing chromium
compound area sources subject to national emission standards for hazardous air
pollutants for chemical manufacturing area sources: chromium compounds, 40
C.F.R. part 63, subpart NNNNNN, adopted by reference in
R
336.1902.
(ix) Any glass manufacturing area sources
subject to national emission standards for hazardous air pollutants for glass
manufacturing area sources, 40 C.F.R. part 63, subpart SSSSSS, adopted by
reference in
R
336.1902.
(x) Any chemical manufacturing area sources
subject to national emission standards for hazardous air pollutants for
chemical manufacturing area sources, 40 C.F.R. part 63, subpart VVVVVV, adopted
by reference in
R
336.1902, that installed a control device on a
chemical manufacturing process unit (CMPU), if the control device on the
affected CMPU is necessary to maintain the source's emissions at area source
levels.
(2) For the purposes of determining the applicability of R 336.1210, the potential to emit of a stationary source shall be the sum of the potential to emit of all process and process equipment located at the stationary source.
(3) The following stationary sources are exempted from the obligation to obtain a renewable operating permit under R 336.1210:
(a) All
stationary sources and source categories for which the person owning or
operating the stationary source would be required to obtain a permit solely
because the stationary source is subject to 40 C.F.R. Part 60, subpart AAA,
standards of performance for new residential wood heaters.
(b) All stationary sources and source
categories for which the person owning or operating the stationary source would
be required to obtain a permit solely because the stationary source is subject
to 40 C.F.R. Part 61, subpart M, national emission standards for hazardous air
pollutants for asbestos.
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