R 336.1215 Operational flexibility; emissions trading activities between stationary sources, off-permit changes, insignificant changes, and responsible official changes for a renewable operating permit.

Rule 215. (1) The following provisions apply to operational flexibility within a stationary source. As provided in 40 C.F.R. §70.4(b)(12), adopted by reference in R 336.1902, a person may make either of the following changes to process or process equipment within a stationary source covered by a renewable operating permit without a revision to that permit, if the changes are not a modification under any applicable provision of title I of the clean air act and the changes do not exceed the emissions allowable under the renewable operating permit, whether expressed therein as a rate of emissions or in the terms of total emissions, if the person provides written notification to the department and the United States environmental protection agency at least 7 days prior to the change. The permittee and the department shall attach each such notice to their copy of the relevant permit: (a) As provided in 40 C.F.R. §70.2 and §70.4(b)(12)(i), adopted by reference in R 336.1902, a person may make changes that contravene a specific permit condition, if the changes are not modifications under any provision of title I of the clean air act and the changes do not exceed the emissions allowable under the renewable operating permit, whether expressed therein as a rate of emissions or in terms of total emissions. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring, including test methods, recordkeeping, reporting, or compliance certification requirements. For each such change, the written notification required in this subrule shall include all of the following information: (i) A brief description of the change within the stationary source. (ii) The date on which the change will occur. (iii) Any change in emissions. (iv) Any permit term or condition that is no longer applicable as a result of the change. (b) As provided in 40 C.F.R. §70.4(b)(12)(ii), adopted by reference in R 336.1902, a person may trade increases and decreases in emissions within the stationary source according to procedures specified by an applicable emissions trading program that has been approved by the administrator of the United States environmental protection agency as a part of Michigan's state implementation plan, if the person has provided written notification to the department and the United States environmental protection agency of the changes at least 7 days prior to the activity taking place. (i) The written notification required in this subdivision shall include all information required by the approved state implementation plan, including at a minimum, all of the following information: (A) When the proposed change will occur. (B) A description of each such change. (C) Any change in emissions. (D) The permit requirements with which the stationary source will comply using the emissions trading provisions of the approved state implementation plan for trading within a stationary source. (E) The pollutants emitted subject to the emissions trade. (F) The provisions of the approved state implementation plan with which the stationary source will comply and which provide for the emissions trade within the stationary source. (ii) Compliance with the permit requirements that the stationary source will meet using the emissions trade shall be determined according to the requirements of the approved state implementation plan authorizing the emissions trade within the stationary source. (c) For the purposes of this subrule, the emissions allowable under the renewable operating permit include any emission limitation, standard, or condition, including a work practice standard, that is required by an applicable requirement or any emission limitation, standard, or condition, including a work practice standard, that establishes an emissions cap which the source has assumed to avoid an applicable requirement. (2) The following provisions apply to emission reduction credits trading between stationary sources. As provided in 40 C.F.R. §70.6(a)(8), adopted by reference in R 336.1902, a person may make any changes without revision to the renewable operating permit where provided for in the renewable operating permit and allowed by an applicable interstate or regional emissions trading program that has been approved by the administrator of the United States environmental protection agency. (3) The following provisions apply to off-permit changes. As provided in 40 C.F.R. §70.4(b)(14) and (15), adopted by reference in R 336.1902, a person may make a change at a stationary source covered by a renewable operating permit that is not addressed or prohibited by the renewable operating permit without a revision to the renewable operating permit, if all of the following provisions are met: (a) The change complies with all applicable requirements and is not a modification under any applicable provision of title I of the clean air act. (b) If the stationary source is an affected source under title IV of the clean air act, the change is not contrary to any applicable requirement of title IV. (c) The person provides contemporaneous written notification to the department and the United States environmental protection agency of each change. The written notice shall describe the change, including all of the following information: (i) The date of the change. (ii) Any change in emissions. (iii) Any pollutants emitted. (iv) Any applicable requirement that would apply as a result of the change. (v) A statement that the notification is being provided pursuant to this subrule. (d) The person keeps a record describing changes made at the stationary source that result in emissions of an air contaminant which are subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from the changes. (4) The following provisions apply to insignificant changes. A person may make a change at a stationary source covered by a renewable operating permit that involves the insignificant activities listed pursuant to R 336.1212(2) or that involves the installation, construction, reconstruction, relocation, alteration, or modification of any process or process equipment listed pursuant to R 336.1212(3) and (4) without a revision to the renewable operating permit, if none of the following provisions apply to the change: (a) The change would result in a violation of any applicable requirement. (b) The change would require or modify any of the following: (i) A case-by-case determination of an emission limitation or other standard. (ii) For temporary sources, a source-specific determination of ambient air impacts. (iii) A visibility or increment analysis. (c) The change would seek to establish or modify an emission limit, standard, or other condition of the renewable operating permit that the stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject. (d) The change is a major offset modification or a modification under any applicable requirements of sections 111 or 112, or part C of title I of the clean air act. (5) Contemporaneous written notification shall be made to the department upon a change of address, name, or phone number of the responsible official or other contact person identified in the application for the renewable operating permit. (6) Changes made pursuant to this rule do not qualify for the permit shield provided by R 336.1213(6).