Michigan Administrative Code
Department - Environmental Quality
Air Quality Division
Part 9 - EMISSION LIMITATIONS AND PROHIBITIONS -MISCELLANEOUS
Section R. 336.1916 - Affirmative defense for excess emissions during start-up or shutdown for violations of R 336.1224 to R 336.1228 and R 336.1901
Current through Vol. 24-04, March 15, 2024
Rule 916.
(1) The person operating a source with emissions in excess of an applicable emission limitation due to start-up or shutdown may claim an affirmative defense to an enforcement proceeding for violations of R 336.1224 to R 336.1228 and R 336.1901, excluding a judicial action seeking injunctive relief, if the person has complied with the reporting requirements of R 336.1912 and has demonstrated all of the following:
(2) This affirmative defense does not apply when a single emission unit, or multiple emission units at a stationary source, causes an exceedance of the national ambient air quality standards or any applicable prevention of significant deterioration increment.
(3) If the proximate cause of the excess emissions which occurred during routine startup or shutdown periods was due to a malfunction, then, absent any intervening acts or superseding causes, the instances shall be treated as malfunctions in accordance with R 336.1915.
(4) Nothing in this rule shall be construed to limit the authority of the department to seek injunctive relief or to enforce the provisions of the act and the regulations promulgated under the act.