R 336.1845 RACT requirements for alternative RACT.

Rule 845. A person with an emission unit subject to the requirements in rules R 336.1841 through R 336.1844 may request approval from the department for equivalent or alternate requirements. The department may consider equivalent or alternate requirements only if the following provisions are met: (a) A proposed plan to request an alternative RACT application must be provided to and approvable by the department within 60 days after the effective date of this rule or, for new sources, 60 days after becoming applicable or an alternative timeframe approved by the department. A proposed plan must include, but is not limited to: (i) A general description of the alternative being requested. (ii) The mechanism needed to obtain this alternative, either a new federally enforceable permit or order, or a revision to an existing federally enforceable permit or order. (iii) A timeframe of when the alternative RACT application will be submitted to the department. (b) After submission of the proposed plan, the stationary source must submit an alternative RACT application containing the following, as applicable: (i) Reasons why the applicant is requesting an alternative requirement. (ii) Information demonstrating why the limitation or requirement as described in R 336.1841 to R 336.1844, as applicable, is not possible to attain. (iii) Explanation of why alternative options, such as implementation of add-on controls or modifying equipment, would not be sufficient to meet the applicable requirements in rules R 336.1841 through R 336.1844. Identification of the existing and available control technologies and demonstration of why the application of these control options is either not technologically feasible, not economically reasonable, or neither. (iv) A document containing quantitative or qualitative analyses demonstrating that the emissions from the applicable emission unit with alternative RACT requirements shall not interfere with the ability of the nonattainment area to achieve the ozone National Ambient Air Quality Standard. This may include, but is not limited to, modeling, calculations based on throughput and control efficiency, or other quantitative evaluations to similar insignificant units. (v) A description of actions that are being taken to reduce emissions, while pursuing the steps described in this rule, if pursuit of alternative RACT extends beyond required compliance dates. (vi) An expected schedule of significant steps to achieving compliance with R 336.1841 to R336.1844, as applicable. (vii) Additional information, as needed. (c) The applicable portion of the proposed draft permit or order related to this rule will be subject to a minimum 30-day public comment period when located at a source of NOx with a potential to emit of 100 tons per year or greater on the effective date of this rule. When the proposed draft permit or order is noticed for a 30-day public comment period, a copy of the notice must also be sent to the USEPA. (d) When a public comment period is required for a proposed draft permit or order, a public hearing during or immediately after the public comment must be offered. (e) Upon department issuance of the legally enforceable document, the applicable portion must be sent to the USEPA, together with all of the other information that is required for the submittal of a complete state implementation plan revision request. Department approval and the legally enforceable document do not affect the federally approved state implementation plan until and unless the submitted state implementation plan revision request is formally approved by the USEPA. (f) Implementation of the legally enforceable order of the department or permit to install must be completed according to the schedule established in the order or permit to install as expeditiously as practicable or as described in the proposed plan for alternative RACT. Editor's Note: An obvious error in R 336.1845 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 Annual Administrative Code Supplement 2025. The memorandum requesting the correction was published in Michigan Register, 2026 MR 16.