R 336.2901
R 336.2901 Definitions.
Cite as Mich. Admin. Code R 336.2901
Rule 1901. The following definitions apply to terms used in this part. If a term defined
here is also defined elsewhere in these rules, then the definition contained here supersedes
for this part only:
(a) “Actual emissions” means the actual rate of emissions of a regulated new source review
pollutant from an emissions unit, as determined under R 336.1101(b), except that this
definition shall not apply for calculating whether a significant emissions increase has
occurred, or for establishing a plant wide applicability limit under R 336.2907. Instead,
the terms “projected actual emissions” and “baseline actual emissions” shall apply for those
purposes.
(b) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated
new source review pollutant, as determined by the following:
(i) For any existing electric utility steam generating unit, baseline actual emissions means
the average rate, in tons per year, at which the unit actually emitted the pollutant during
any consecutive 24-month period selected by the owner or operator within the 5-year
period immediately preceding when the owner or operator begins actual construction of
the project. The department shall allow the use of a different time period upon a
determination that it is more representative of normal source operation. The following
shall apply:
(A) The average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
(B) The average rate shall be adjusted downward to exclude any non-compliant emissions
that occurred while the source was operating above any emission limitation that was legally
enforceable during the consecutive 24-month period.
(C) For a regulated new source review pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to determine the
baseline actual emissions for the emissions units being changed. A different consecutive
24-month period may be used for each regulated new source review pollutant.
(D) The average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per year, and for
adjusting this amount if required by paragraph (i)(B) of this subdivision.
(ii) For an existing emissions unit, other than an electric utility steam generating unit,
baseline actual emissions means the average rate, in tons per year, at which the emissions
unit actually emitted the pollutant during any consecutive 24-month period selected by the
owner or operator within the 10-year period immediately preceding either the date the
owner or operator begins actual construction of the project, or the date a complete permit
application is received by the department for a permit required under R 336.1201,
whichever is earlier, except that the 10-year period shall not include any period earlier than
November 15, 1990. All of the following shall apply:
(A) The average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
(B) The average rate shall be adjusted downward to exclude any non-compliant emissions
that occurred while the source was operating above an emission limitation that was legally
enforceable during the consecutive 24-month period.
(C) The average rate shall be adjusted downward to exclude any emissions that would
have exceeded an emission limitation with which the major stationary source must
currently comply, had the major stationary source been required to comply with the
limitations during the consecutive 24-month period. However, if an emission limitation is
part of a maximum achievable control technology standard that the United States
environmental protection agency proposed or promulgated under 40 C.F.R. part 63,
adopted by reference in R 336.1902, then the baseline actual emissions need only be
adjusted if the department has taken credit for such emissions reductions in an attainment
demonstration or maintenance plan.
(D) For a regulated new source review pollutant, when a project involves multiple
emissions units, only 1 consecutive 24-month period shall be used to determine the baseline
actual emissions for the emissions units being changed. A different consecutive 24-month
period may be used for each regulated new source review pollutant.
(E) The average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per year, and for
adjusting this amount if required by subparagraphs (B) and (C) of this paragraph.
(iii) For a new emissions unit, the baseline actual emissions for purposes of determining
the emissions increase that will result from the initial construction and operation of such
unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential
to emit.
(iv) For a plant wide applicability limit for a major stationary source, the baseline actual
emissions shall be calculated for existing electric utility steam generating units under
paragraph (i) of this subdivision, for other existing emissions units under paragraph (ii) of
this subdivision, and for a new emissions unit under paragraph (iii) of this subdivision.
(c) “Begin actual construction” means, in general, initiation of physical on-site
construction activities on an emissions unit which are of a permanent nature. Such
activities include, but are not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage structures. “A
change in method of operation” refers to those on-site activities other than preparatory
activities which mark the initiation of the change.
(d) “Best available control technology” or “BACT” means an emissions limitation,
including a visible emissions standard, based on the maximum degree of reduction for each
regulated new source review pollutant which would be emitted from any proposed major
stationary source or major modification which the department, on a case-by-case basis,
taking into account energy, environmental, and economic impacts and other costs,
determines is achievable for such source or modification through application of production
processes or available methods, systems, and techniques, including fuel cleaning or
treatment or innovative fuel combustion techniques for control of such pollutant.
Application of best available control technology shall not result in emissions of any
pollutant which would exceed the emissions allowed by any applicable standard under 40
C.F.R. part 60 or 61, adopted by reference in R 336.1902. If the department determines
that technological or economic limitations on the application of measurement methodology
to a particular emissions unit would make the imposition of an emissions standard
infeasible, then a design, equipment, work practice, operational standard, or combination
thereof, may be prescribed instead to satisfy the requirement for the application of BACT.
The standard shall, to the degree possible, set forth the emissions reduction achievable by
implementation of the design, equipment, work practice, or operation, and shall provide
for compliance by means which achieve equivalent results.
(e) “Building, structure, facility, or installation” means all of the pollutant-emitting
activities which belong to the same industrial grouping, are located on 1 or more contiguous
or adjacent properties, and are under the control of the same person, or persons under
common control, except the activities of any vessel. Pollutant-emitting activities are part
of the same industrial grouping if they have the same 2-digit major group code associated
with their primary activity. Major group codes and primary activities are described in the
standard industrial classification manual, 1987. For assistance in converting North
American industrial classification system codes to standard industrial classification codes
see http://www.census.gov/epcd/naics02/.
(f) “Clean coal technology” means any technology, including technologies applied at the
precombustion, combustion, or post-combustion stage, at a new or existing facility which
will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen
associated with the utilization of coal in the generation of electricity, or process steam
which was not in widespread use as of November 15, 1990.
(g) “Clean coal technology demonstration project” means a project using funds
appropriated under the heading "department of energy-clean coal technology," up to a total
amount of $2,500,000,000 for commercial demonstration of clean coal technology, or
similar projects funded through appropriations for the United States environmental
protection agency. The federal contribution for a qualifying project shall be at least 20%
of the total cost of the demonstration project.
(h) [Reserved]
(i) “Commence” as applied to construction of a major stationary source or major
modification means that the owner or operator has all necessary preconstruction approvals
or permits and has either of the following:
(i) Begun, or caused to begin, a continuous program of actual on-site construction of the
source, to be completed within a reasonable time.
(ii) Entered into binding agreements or contractual obligations, which cannot be canceled
or modified without substantial loss to the owner or operator, to undertake a program of
actual construction of the source to be completed within a reasonable time.
(j) “Construction” means any physical change or change in the method of operation,
including fabrication, erection, installation, demolition, or modification of an emissions
unit, that would result in a change in emissions.
(k) “Continuous emissions monitoring system” or “CEMS” means all of the equipment
that may be required to meet the data acquisition and availability requirements of this rule,
to sample, condition, if applicable, analyze, and provide a record of emissions on a
continuous basis.
(l) “Continuous emissions rate monitoring system” or “CERMS” means the total
equipment required for the determination and recording of the pollutant mass emissions
rate, in terms of mass per unit of time.
(m) “Continuous parameter monitoring system” or “CPMS” means all of the equipment
necessary to meet the data acquisition and availability requirements of this rule, to monitor
process and control device operational parameters and other information, and to record
average operational parameter values on a continuous basis.
(n) “Electric utility steam generating unit” means any steam electric generating unit that
is constructed for the purpose of supplying more than 1/3 of its potential electric output
capacity and more than 25 megawatts electrical output to any utility power distribution
system for sale. Any steam supplied to a steam distribution system for the purpose of
providing steam to a steam-electric generator that would produce electrical energy for sale
is also considered in determining the electrical energy output capacity of the affected
facility.
(o) “Emissions unit” means any part of a stationary source that emits or would have the
potential to emit any regulated new source review pollutant. The term emissions unit
includes an electric steam generating unit. Each emissions unit can be classified as either
new or existing based on the following:
(i) A new emissions unit is any emissions unit that is, or will be, newly constructed and
that has existed for less than 2 years from the date the emissions unit first operated.
(ii) An existing emissions unit is any emissions unit that does not meet the definition of a
new emissions unit. A replacement unit is an existing emissions unit and no creditable
emission reductions shall be generated from shutting down the existing emissions unit that
is replaced. Replacement unit means all of the following:
(A) The emissions unit is a reconstructed unit as defined within R 336.1118(b) or the
emissions unit completely takes the place of an existing emissions unit.
(B) The emissions unit is identical to or functionally equivalent to the replaced emissions
unit.
(C) The replacement does not alter the basic design parameters of the process unit.
(D) The replaced emissions unit is permanently removed from the major stationary source,
otherwise permanently disabled, or permanently barred from operation by a permit that is
enforceable as a practical matter. If the replaced emissions unit is brought back into
operation, it shall constitute a new emissions unit.
(p) “Federal land manager” means, with respect to any lands in the United States, the
secretary of the department with authority over such lands.
(q) ‘Functionally equivalent component” means a component that serves the same purpose
as the replaced component.
(r) "Hydrocarbon combustion flare" means either a flare used to comply with an applicable
new source performance standard or maximum achievable control technology standard,
including uses of flares during startup, shutdown, or malfunction permitted under such a
standard, or a flare that serves to control emissions of waste streams comprised
predominately of hydrocarbons and containing not more than 230 milligrams per dry
standard cubic meter hydrogen sulfide.
(s) “Lowest achievable emission rate” or “LAER” means, for any source, the more
stringent rate of emissions based on either of the following:
(i) The most stringent emissions limitation that is contained in the implementation plan of
any state for the same class or category of stationary source, unless the owner or operator
of the proposed stationary source demonstrates that the limitations are not achievable.
(ii) The most stringent emissions limitation that is achieved in practice by the same class
or category of stationary sources. This limitation, when applied to a modification, means
the lowest achievable emissions rate for the new or modified emissions units within a
stationary source. Application of the term shall not permit a proposed new or modified
stationary source to emit any pollutant in excess of the amount allowable under an
applicable new source performance standard.
(t) “Major modification” means the following:
(i) Any physical change in or change in the method of operation of a major stationary
source that would result in both of the following:
(A) A significant emissions increase of a regulated new source review pollutant.
(B) A significant net emissions increase of that pollutant from the major stationary source.
(ii) Any significant emissions increase from any emissions units or net emissions increase
at a major stationary source that is significant for volatile organic compounds shall be
considered significant for ozone.
(iii) A physical change or change in the method of operation shall not include any of the
following:
(A) Routine maintenance, repair, and replacement.
(B) Use of an alternative fuel or raw material by reason of an order under sections 2 (a)
and (b) of the energy supply and environmental coordination act of 1974, 15 U.S.C. §792
et seq., or any superseding legislation, or by reason of a natural gas curtailment plan under
the federal power act of 1995, 16 U.S.C. §791-828c et seq.
(C) Use of an alternative fuel by reason of an order or rule under section 125 of the clean
air act.
(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is
generated from municipal solid waste.
(E) Use of an alternative fuel or raw material by a stationary source which meets either of
the following:
(1) The source was capable of accommodating before December 21, 1976, unless the
change would be prohibited under any federally enforceable permit condition that was
established after December 12, 1976, under prevention of significant deterioration of air
quality regulations or new source review for major sources in nonattainment areas
regulations.
(2) The source is approved to use under any permit issued under R 336.1201(1)(a).
(F) An increase in the hours of operation or in the production rate, unless such change is
prohibited under any federally enforceable permit condition that was established after
December 21, 1976, under R 336.1201(1)(a).
(G) Any change in ownership at a stationary source.
(H) [Reserved]
(I) The installation, operation, cessation, or removal of a temporary clean coal technology
demonstration project, provided that the project complies with both of the following:
(1) The state implementation plan.
(2) Other requirements necessary to attain and maintain the national ambient air quality
standard during the project and after it is terminated.
(iv) This definition shall not apply with respect to a particular regulated new source review
pollutant when the major stationary source is complying with the requirements of R
336.2907 for a plant wide applicability limit for that pollutant. Instead, the definition in R
336.2907(1)(h) shall apply.
(v) For the purposes of applying the requirements of R 336.2902(8) to modifications at
major stationary sources of nitrogen oxides located in ozone nonattainment areas or in
ozone transport regions, whether or not subject to subpart 2, part D, title 1 of the clean air
act, any significant net emissions increase of nitrogen oxides is considered significant for
ozone.
(vi) Any physical change in, or change in the method of operation of, a major stationary
source of volatile organic compounds that results in any increase in emissions of volatile
organic compounds from any discrete operation, emissions unit, or other pollutant emitting
activity at the source shall be considered a significant net emissions increase and a major
modification for ozone, if the major stationary source is located in an extreme ozone
nonattainment area that is subject to subpart 2, part D, title 1 of the clean air act.
(u) “Major stationary source” means all of the following:
(i) Any of the following:
(A) Any stationary source of air pollutants that emits or has the potential to emit 100 tons
per year or more of any regulated new source review pollutant, except that lower emissions
thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title 1
of the clean air act, according to the following:
(1) In any serious ozone nonattainment area, 50 tons per year of volatile organic
compounds.
(2) In an area within ozone transport region except for any severe or extreme ozone
nonattainment area, 50 tons per year of volatile organic compounds.
(3) In any severe ozone nonattainment area, 25 tons per year of volatile organic
compounds.
(4) In any extreme ozone nonattainment area, 10 tons per year of volatile organic
compounds.
(5) In any serious nonattainment area for carbon monoxide, where the department has
determined that stationary sources contribute significantly to carbon monoxide levels in
the area, 50 tons per year of carbon monoxide.
(6) In any serious nonattainment area for PM-10, 70 tons per year of PM-10.
(B) For the purposes of applying the requirements of R 336.2902(8) to stationary sources
of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region,
any stationary source which emits, or has the potential to emit, 100 tons per year or more
of nitrogen oxide emissions, except that the following emission thresholds shall apply in
areas subject to subpart 2 of part D, title 1 of the clean air act:
(1) In any ozone nonattainment area classified as marginal or moderate, 100 tons per year
or more of nitrogen oxides.
(2) In any ozone nonattainment area classified as a transitional, submarginal, or incomplete
or no data area, when such area is located in an ozone transport region, 100 tons per year
or more of nitrogen oxides.
(3) In any area designated under section 107(d) of the clean air act as attainment or
unclassifiable for ozone that is located in an ozone transport region, 100 tons per year or
more of nitrogen oxides.
(4) In any serious nonattainment area for ozone, 50 tons per year or more of nitrogen
oxides.
(5) In any severe nonattainment area for ozone, 25 tons per year or more of nitrogen
oxides.
(6) In any extreme nonattainment area for ozone, 10 tons per year or more of nitrogen
oxides.
(C) Any physical change that would occur at a stationary source not qualifying under R
336.2901(u)(i)(A) or (B) as a major stationary source, if the change would constitute a
major stationary source by itself.
(ii) A major stationary source that is major for volatile organic compounds shall be
considered major for ozone.
(iii) The fugitive emissions of a stationary source shall not be included in determining for
any of the purposes of this paragraph whether it is a major stationary source, unless the
source belongs to one of the following categories of stationary sources:
(A) Coal cleaning plants, with thermal dryers.
(B) Kraft pulp mills.
(C) Portland cement plants.
(D) Primary zinc smelters.
(E) Iron and steel mills.
(F) Primary aluminum ore reduction plants.
(G) Primary copper smelters.
(H) Municipal incinerators capable of charging more than 250 tons of refuse per day.
(I) Hydrofluoric, sulfuric, or nitric acid plants.
(J) Petroleum refineries.
(K) Lime plants.
(L) Phosphate rock processing plants.
(M) Coke oven batteries.
(N) Sulfur recovery plants.
(O) Carbon black plants, furnace process.
(P) Primary lead smelters.
(Q) Fuel conversion plants.
(R) Sintering plants.
(S) Secondary metal production plants.
(T) Chemical process plants. The term chemical process plant shall not include ethanol
production facilities that produce ethanol by natural fermentation included in North
American Industrial Classification System codes 325193 or 312140.
(U) Fossil-fuel boilers, or combination thereof, totaling more than 250 million British
thermal units per hour heat input.
(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000
barrels.
(W) Taconite ore processing plants.
(X) Glass fiber processing plants.
(Y) Charcoal production plants.
(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input.
(AA) Any other stationary source category which, as of August 7, 1980, is being regulated
under section 111 or 112 of the clean air act.
(v) “Necessary preconstruction approvals or permits” mean a permit issued under
R 336.1201(1)(a) that is required by R 336.2802 or R 336.2902.
(w) “Net emissions increase” means all of the following:
(i) With respect to any regulated new source review pollutant emitted by a major stationary
source, the amount by which the sum of the following exceeds zero:
(A) The increase in emissions from a particular physical change or change in the method
of operation at a stationary source as calculated under R 336.2902(2).
(B) Any other increases and decreases in actual emissions at the major stationary source
that occur within the contemporaneous period and are otherwise creditable.
(ii) The contemporaneous period must meet all of the following:
(A) Begins on the date 5 years before construction on the particular change commences.
(B) Ends on the date that the increase from the particular change occurs.
(iii) An increase or decrease in actual emissions is creditable only if the department has
not relied on it in issuing a permit under R 336.1201(1)(a) or R 336.1214a, which permit
is in effect when the increase in actual emissions from the particular change occurs.
(iv) The magnitude of a creditable, contemporaneous increase in actual emissions is
determined by the amount that the allowable emissions following the increase exceed the
emissions unit’s baseline actual emissions prior to the increase. This means allowable
emissions and baseline actual emissions are determined from the date of the
contemporaneous increase. Baseline actual emissions shall be determined as provided in
the definition of baseline actual emissions, except that subdivision (b)(i)(C) and (b)(ii)(D)
of this rule shall not apply.
(v) A contemporaneous decrease in actual emissions is creditable only to the extent that
all of the following occur:
(A) The magnitude of a creditable contemporaneous decrease is determined by the lower
of the following:
(1) The amount by which the emission unit’s baseline actual emissions prior to the
decrease exceed the level of allowable emissions following the decrease.
(2) The amount by which the emission unit’s allowable emissions prior to the decrease
exceed the level of allowable emissions following the decrease.
(3) In determining the magnitude of a creditable contemporaneous decrease, allowable
emissions and baseline actual emissions are determined from the date of the
contemporaneous decrease. Baseline actual emissions shall be determined as provided in
the definition of baseline actual emissions except that subdivision (b)(i)(C) and (b)(ii)(D)
of this rule shall not apply.
(B) It is enforceable as a practical matter at and after the time that actual construction on
the particular change begins.
(C) The department has not relied on it in issuing any permit under R 336.1201(1)(a) or R
336.1214a.
(D) It has approximately the same qualitative significance for public health and welfare as
that attributed to the increase from the particular change.
(vi) An increase that results from a physical change at a source occurs when the emissions
unit on which construction occurred becomes operational and begins to emit a particular
pollutant. Any replacement unit that requires shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180 days.
(vii) The definition of actual emissions in R 336.1101(b) shall not apply for determining
creditable increases and decreases after a change, instead the definitions of the terms
“projected actual emissions” and “baseline actual emissions” shall be used.
(x) “Nonattainment major new source review” or “NSR” program means the requirements
of this rule, R 336.1220, or R 336.1221. A permit issued under any of these rules is a major
new source review permit.
(y) [Reserved]
(z) “Potential to emit” means the maximum capacity of a stationary source to emit a
pollutant under its physical and operational design. Any physical or operational limitation
on the capacity of the source to emit a pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design only if the limitation or the effect
it would have on emissions is federally legally enforceable. Secondary emissions do not
count in determining the potential to emit of a stationary source.
(aa) “Predictive emissions monitoring system” or “PEMS” means all of the equipment
necessary to monitor process and control device operational parameters and other
information and calculate and record the mass emissions rate on a continuous basis.
(bb) “Prevention of significant deterioration” or “PSD” permit means any permit that
is issued under R 336.2802 or the prevention of significant deterioration of air quality
regulations under 40 C.F.R. §52.21, adopted by reference in R 336.1902.
(cc) “Process Unit” means any collection of structures or equipment, or both that
processes, assembles, applies, blends, or otherwise uses material inputs to produce or store
an intermediate or a completed product. A single stationary source may contain more than
one process unit, and a process unit may contain more than one emissions unit.
(i) Pollution control equipment is not part of the process unit, unless it serves a dual
function as both process and control equipment. Administrative and warehousing
facilities are not part of the process unit.
(ii) For replacement cost purposes, components shared between two or more process
units are proportionately allocated based on capacity.
(iii)The following list identifies process units at specific categories of stationary sources.
(A) For a steam electric generating facility, the process unit consists of those portions of
the plant that contribute directly to the production of electricity. For example, at a
pulverized coal-fired facility, the process unit would generally be the combination of
those systems from the coal receiving equipment through the emission stack (excluding
post-combustion pollution controls), including the coal handling equipment, pulverizers
or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine-generator set,
condenser, cooling tower, water treatment system, air preheaters, and operating control
systems. Each separate generating unit is a separate process unit.
(B) For a petroleum refinery, there are several categories of process units: those that
separate or distill, or both petroleum feedstocks; those that change molecular structures;
petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen
production units; and those that load, unload, blend or store intermediate or completed
products.
(C) For an incinerator, the process unit would consist of components from the feed pit or
refuse pit to the stack, including conveyors, combustion devices, heat exchangers and
steam generators, quench tanks, and fans.
(dd) “Project” means a physical change in, or change in the method of operation of, an
existing major stationary source.
(ee) “Projected actual emissions” means the following:
(i) The maximum annual rate, in tons per year, at which an existing emissions unit is
projected to emit a regulated new source review pollutant in any one of the 5 12-month
periods following the date the unit resumes regular operation after the project, or in any 1
of the 10 12-month periods following that date, if the project involves increasing the
emissions unit's design capacity or its potential to emit of that regulated new source review
pollutant and full utilization of the unit would result in a significant emissions increase or
a significant net emissions increase at the major stationary source.
(ii) In determining the projected actual emissions before beginning actual construction, the
owner or operator of the major stationary source shall do the following:
(A) Consider all relevant information, including but not limited to, historical operational
data, the company's own representations, the company's expected business activity, and the
company's highest projections of business activity, the company's filings with the state or
federal regulatory authorities, and compliance plans under the approved state
implementation plan.
(B) Include fugitive emissions to the extent quantifiable, and emissions associated with
startups, shutdowns, and malfunctions.
(C) Exclude, in calculating any increase in emissions that results from the particular
project, that portion of the unit's emissions following the project that an existing unit could
have accommodated during the consecutive 24-month period used to establish the baseline
actual emissions of this rule and that are also unrelated to the particular project, including
any increased utilization due to product demand growth.
(D) Elect to use the emissions unit's potential to emit in tons per year instead of calculating
projected actual emissions.
(ff) “Regulated new source review pollutant” means any of the following:
(i) Oxides of nitrogen or any volatile organic compounds.
(ii) Any pollutant for which a national ambient air quality standard has been promulgated.
(iii) Any pollutant that is a constituent or precursor of a general pollutant listed under
paragraphs (i) or (ii) of this subdivision, provided that a constituent or precursor pollutant
may only be regulated under new source review as part of regulation of the general
pollutant.
(gg) “Secondary emissions” means emissions that would occur as a result of the
construction or operation of a major stationary source or major modification, but do not
come from the major stationary source or major modification itself. For the purpose of this
rule, secondary emissions shall be specific, well defined, quantifiable, and impact the same
general area as the stationary source or modification which causes the secondary emissions.
Secondary emissions include emissions from any off-site support facility that would not be
constructed or increase its emissions except as a result of the construction or operation of
the major stationary source or major modification. Secondary emissions do not include
any emissions that come directly from a mobile source such as emissions from the tailpipe
of a motor vehicle, from a train, or a vessel.
(hh) “Significant” means all of the following:
(i) “Significant” means, in reference to a net emissions increase or the potential of a source
to emit any of the following pollutants at a rate of emissions that would equal or exceed
any of the following pollutant emission rates:
(A) Carbon monoxide: 100 tons per year.
(B) Nitrogen oxides: 40 tons per year.
(C) Sulfur dioxide: 40 tons per year.
(D) Ozone: 40 tons per year of volatile organic compounds or of nitrogen oxides.
(E) Lead: 0.6 tons per year.
(F) PM-10: 15 tons per year of PM-10.
(G) PM 2.5: 10 tons per year of PM 2.5; 40 tons per year of sulfur dioxide emissions; 40
tons per year of nitrogen oxide emissions.
(ii) Notwithstanding the significant emissions rate for ozone in R 336.2901(hh) (i)(D),
significant means, in reference to an emissions increase or a net emissions increase, any
increase in actual emissions of volatile organic compounds that would result from any
physical change in, or change in the method of operation of, a major stationary source
located in a serious or severe ozone nonattainment area that is subject to subpart 2, part D,
title 1 of the clean air act, if such emissions increase of volatile organic compounds exceeds
25 tons per year.
(iii) For the purposes of applying the requirements of R 336.2902(8) to modifications at
major stationary sources of nitrogen oxides located in an ozone nonattainment area or in
an ozone transport region, the significant emission rates and other requirements for volatile
organic compounds in R 336.2901(hh)(i)(D), R 336.2901(hh)(ii) and R 336.2901(hh)(v)
shall apply to nitrogen oxides emissions.
(iv) Notwithstanding the significant emissions rate for carbon monoxide in R
336.2901(hh)(i)(A), significant means, in reference to an emissions increase or a net
emissions increase, any increase in actual emissions of carbon monoxide that would result
from any physical change in, or change in the method of operation of, a major stationary
source in a serious nonattainment area for carbon monoxide if such increase equals or
exceeds 50 tons per year, provided that the United States environmental protection agency
has determined that the stationary sources contribute significantly to carbon monoxide
levels in that area.
(v) Notwithstanding the significant emissions rates for ozone in
R 336.2901(hh)(i)(D) and R 336.2901(hh)(ii), any increase in actual emissions of volatile
organic compounds from any emissions unit at a major stationary source of volatile organic
compounds located in an extreme ozone nonattainment area that is subject to subpart 2,
part D, title 1 of the clean air act shall be considered a significant net emissions increase.
(ii) “Significant emissions increase” means, for a regulated new source review pollutant,
an increase in emissions that is significant for that pollutant.
(jj) “Stationary source” means any building, structure, facility, or installation which emits
or may emit a regulated new source review pollutant.
(kk) “Temporary clean coal technology demonstration project” means a clean coal
technology demonstration project that is operated for a period of 5 years or less, and that
complies with the state implementation plan and other requirements necessary to attain
and maintain the national ambient air quality standards during the project and after it is
terminated.
Editor's Note: An obvious error in R 336.2901 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 2.