R 336.1802 Applicability under the oxides of nitrogen (NOx) budget program.

Rule 802. (1) This rule establishes the applicability for a NOx budget program as described in these rules. Except as provided in subrule (2) of this rule, units that meet all of the following requirements are NOx budget units and are subject to the requirements of this rule and R 336.1810: (a) Units that meet the definition of a NOx budget unit. (b) Units that are located in the Michigan fine grid zone. (2) A unit described in subrule (1) of this rule is not a NOx budget unit, if the unit has a federally enforceable permit that includes the following requirements, terms, and restrictions: (a) A restriction on the unit to burn only natural gas or fuel oil during ozone control periods. (b) A restriction of the unit's operation during each ozone control period by 1 of the following methods such that the unit's potential NOx mass emissions for the ozone control period are limited to 25 tons or less: (i) By restricting the mass emissions to 25 tons or less of NOx as measured by a certified continuous emission monitoring system in accordance with 40 CFR 75.70 to 75.75, or, alternatively, 40 CFR 60.13, adopted by reference in R 336.1902. (ii) By restricting the unit’s operating hours to no more than the number calculated by dividing 25 tons of potential NOx mass emissions by the unit’s maximum potential hourly NOx mass emissions. The maximum potential hourly NOx mass emissions are determined by multiplying a rate in either subparagraph (A) or (B) of this paragraph by the value in subparagraph (C) of this paragraph: (A) The default NOx emission rate in 40 CFR 75.19, table LM-2, that would otherwise be applicable assuming that the unit burns only the type of fuel, for example, only natural gas or fuel oil, that has the highest default NOx emission factor of any type of fuel that the unit is allowed to burn under the fuel use restriction in subdivision (a) of this subrule. (B) The maximum NOx emission rate established in accordance with 40 CFR 75.19(c)(1)(iv), which is adopted by reference in R 336.1902. (C) The unit's maximum rated hourly heat input. The owner or operator of the unit may petition the department to use a lower value for the unit's maximum rated hourly heat input than the value as defined. The department may approve the lower value if the owner or operator demonstrates that the maximum hourly heat input specified by the manufacturer or the highest observed hourly heat input, or both, are not representative, and that the lower value is representative of the unit's current capabilities because modifications have been made to the unit limiting its capacity permanently. (iii) By restricting the amount of fuel that can be used based on total heat input by dividing 25 tons by a NOx mass emission rate in either subparagraph (A) or (B) of paragraph (ii) of this subdivision and multiplying by the fuel heat content using the highest default gross calorific value under 40 CFR 75.19, table LM-5, and using a billing fuel flow meter or other fuel flow monitoring method device approved by the department to determine the quantity of fuel being used. 40 CFR part 75 is adopted by reference in R 336.1902. (c) A requirement that the owner or operator of the unit shall retain records on site for a period of 5 years. The records must show hours of operation for units with the operating hours restriction, volumes of fuel burned and maximum default gross calorific values for units with the heat input restriction, continuous emission monitoring system data for units with the continuous emission monitoring system exemption, and all other information necessary to demonstrate that requirements of the permit related to these restrictions were met. (d) A requirement that the owner or operator of the unit shall report the unit's hours of operation, heat input, or continuous emission monitoring system measured NOx emissions to the department by November 1 of each year for which the unit is subject to the federally enforceable permit incorporating the provisions of this subrule. If the hours of operation are required to be reported, the owner or operator shall treat any partial hour of operation as a whole hour of operation. (3) The department shall notify the USEPA, in writing, within 30 days after either of the following scenarios: (a) A unit is issued a federally enforceable permit under subrule (2) of this rule. (b) Any of the following provisions apply to a unit's federally enforceable permit previously issued by the department under subrule (2) of this rule: (i) The permit is revised to remove any restriction established pursuant subrule (2) of this rule. (ii) The permit includes any restriction established pursuant to subrule (2) of this rule that is no longer applicable. (iii) The permit conditions do not comply with any restriction. (4) A unit must be treated as commencing operation on September 30 of the ozone control period in which either of the following conditions apply: (a) The fuel use restriction, operating hours, or emissions restriction is no longer applicable. (b) The unit does not comply with the fuel use restriction, operating hours, or emissions restriction.