R 336.1226 Exemptions from health-based screening level requirement.

Rule 226. The health-based screening level requirement provided in R 336.1225(1) does not apply to any of the following: (a) Emissions of a toxic air contaminant that meet both of the following requirements: (i) The emission rate is less than 10 pounds per month and 0.14 pound per hour. (ii) The toxic air contaminant is not a carcinogen or a high concern toxic air contaminant listed in Table 20. Table 20. List of High Concern Toxic Air Contaminants CHEMICAL NAME CAS NUMBER 2,4,6-trinitrotoluene (TNT) 118-96-7 2-diethylaminoethanol 100-37-8 Acrolein 107-02-8 allyl chloride 107-05-1 alpha chloroacetophenone 532-27-4 alpha-amylase 9000-90-2 antimony compounds1 Arsine 7784-42-1 barium compounds1 Biphenyl 92-52-4 Bromine 7726-95-6 chlorine dioxide 10049-04-4 chlormadinone acetate 302-22-7 chlorpyrifos 2921-88-2 cobalt compounds1 Colophony 8050-09-7 dibromochloropropane 96-12-8 dibutyltin oxide 818-08-6 Dichlorvos 62-73-7 diisocyanate compounds1,2 dimethyl sulfate 77-78-1 glutaraldehyde 111-30-8 halogenated dimethylhydantoin compounds3 isocyanate compounds1,4 maleic anhydride 108-31-6 manganese compounds1 melengesterol acetate 2919-66-6 mercury compounds1 octachlorostyrene 29082-74-7 osmium tetroxide 20816-12-0 pentachlorobenzene 608-93-5 platinum soluble salt 7440-06-4 selenium compounds1 Subtilisins (proteolytic enzymes)5 sulfuric acid (including sulfur trioxide and oleum) 7664-93-9 tetrachlorobenzene compounds6 thallium compounds1 CHEMICAL NAME CAS NUMBER Vanadium pentaoxide 1314-62-1 1 These listings include any unique chemical substance that contains the named chemical (for example, antimony, barium, cobalt, diisocyanate, isocyanate, manganese, mercury, selenium, and thallium) as part of the chemical structure. 2 Diisocyanate compounds include compounds with 2 of the isocyanate functional groups (-CNCO). 3 Halogenated dimethylhydantoin compounds includes those compounds with a hydantoin infrastructure (NHCONHCOCH2) substituted by 2 methyl groups at the 5 position on the ringed structure and halogens at the 1 or 3 position or the 1 and 3 position. 4 Isocyanate compounds includes compounds with 1 or more of the isocyanate functional groups (CNCO). 5 Subtilisins (proteolytic enzymes) includes any members of the group of proteolytic enzymes derived from Bacillus subtilis or closely related organisms. 6 Tetrachlorobenzenes includes compounds that consist of a benzene ring substituted with 4 chlorine atoms. (b) An emission unit or units for which standards have been promulgated under section 112(f) of the clean air act for hazardous air pollutants listed under section 112(b) of the clean air act. (c) Air contaminants and emission units that are regulated by the following national emission standards for hazardous air pollutants, 40 C.F.R. part 61: (i) Subpart B, National emission standard for radon emissions from underground uranium mines. (ii) Subpart C, National emission standards for beryllium. (iii) Subpart D, National emission standard for beryllium rocket motor firing. (iv) Subpart E, National emission standard for mercury. (v) Subpart F, National emission standard for vinyl chloride. (vi) Subpart H, National emission standard for emissions of radionuclide from department of energy facilities. (vii) Subpart I, National emission standard for radionuclide emissions from federal facilities other than nuclear regulatory commission licensees and not covered by subpart H. (viii) Subpart J, National emission standard for equipment leaks (fugitive emission sources) of benzene. (ix) Subpart K, National emission standard for radionuclide emissions from elemental phosphorus plants. (x) Subpart L, National emission standard for benzene emissions from coke by-product recovery plants. (xi) Subpart M, National emission standard for asbestos. (xii) Subpart N, National emission standard for inorganic arsenic emissions from glass manufacturing plants. (xiii) Subpart O, National emission standard for inorganic arsenic emissions from primary copper smelters. (xiv) Subpart P, National emission standard for inorganic arsenic emissions from arsenic trioxide and metallic arsenic production facilities. (xv) Subpart V, National emission standard for equipment leaks (fugitive emission sources). (xvi) Subpart W, National emission standard for radon emissions from licensed uranium mill tailings. (xvii) Subpart Y, National emission standard for benzene emissions from benzene storage vessels. (xviii) Subpart BB, National emission standards for benzene emissions from benzene transfer operations. (xix) Subpart FF, National emission standards for benzene waste operations. (d) Emissions of a toxic air contaminant if it is demonstrated, on a case-by-case basis, to the satisfaction of the department, that the proposed new or modified emission unit or units will not cause or contribute to a violation of the provisions of R 336.1901. The demonstration shall include all relevant scientific information such as the following: (i) All available information on the health effects of the toxic air contaminant. (ii) The levels at which adverse health or environmental effects have occurred. (iii) Net air quality benefits that would occur as a result of replacing an existing facility. (iv) Actual exposure levels and duration of exposure. (v) The uncertainty in data or analysis. (vi) Other supporting information requested by the department. (e) Engines, turbines, boilers, and process heaters burning solely natural gas, diesel fuel (No. 2 fuel oil), or biodiesel, of up to 100 MMBTU per hour, provided that the effective stack is vertical and unobstructed and is at least 1.5 times the building height, and the building setback is at least 100 feet from the property line. (f) Natural gas fuel burning equipment or natural gas fired equipment that meet all the following: (i) A maximum natural gas usage rate of 50,000 cubic feet per hour or less. (ii) Emissions from the source are discharged from an unobstructed stack oriented vertically upwards. (iii) With a stack height at least 1.5 times the height of the building most influential in determining the predicted ambient impacts of the emissions. (g) Air pollution control equipment that combusts only natural gas as fuel. Editor's Note: An obvious error in R 336.1226 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 1. The memorandum requesting the correction was published in Michigan Register, 2019 MR 1.