Current through Vol. 24-18, October 15, 2024
Section R. 336.2415 - Plantwide applicability limit permit for clean corporate citizenRule 1415.
(1) A clean corporate citizen may request that the department issue a plantwide applicability limit permit that establishes a federally enforceable emissions cap for 1 or more pollutants at an existing stationary source pursuant to this rule.(2) For a clean corporate citizen, the department may, after notice and opportunity for public participation pursuant to section 5516 of the act, issue a plantwide applicability limit permit to install which includes terms and conditions necessary to assure compliance with applicable air quality regulations at the stationary source and which allows the clean corporate citizen to undertake changes, without a permit to install, as long as compliance with the plantwide applicability limit permit is maintained.(3) A clean corporate citizen may request that the plantwide applicability limit permit establish an emissions cap set equal to actual emissions plus the significant emissions for each pollutant being considered in the plantwide applicability limit application. Alternatively, the plantwide applicability limit permit may, at the request of a clean corporate citizen, establish an emissions cap set equal to existing allowable emissions, if the levels of the emissions are consistent with state and federal requirements.(4) In addition to the information required by R 336.1203 and other applicable rules, an application for a plantwide applicability limit permit pursuant to this rule shall include all of the following information: (a) Identification of all past technology determinations that are the basis for existing emission and operation limitations at the stationary source.(b) Identification of the plantwide applicability limit requested and supporting documentation for both the point and fugitive emissions to be included in the plantwide applicability limit permit.(c) For a plantwide applicability limit permit based on existing allowable emissions, identification of all emissions offsets previously provided for the stationary source.(d) The proposed recordkeeping, monitoring, and reporting that would be used to demonstrate compliance with the emissions cap and any individual technology limitations that are to be maintained within the plantwide applicability limit permit.(e) A proposed periodic review process that describes the mechanism for making adjustments to the plantwide applicability limit permit limits for cause. An example of cause is a new applicable requirement.(f) The proposed procedure to be followed to ensure a clean corporate citizen does not modify the stationary source to exceed the emissions cap in the plantwide applicability limit permit.(g) The proposed procedure to ensure that a clean corporate citizen does not modify the stationary source to cause or contribute to violations of the national ambient air quality standards.(5) The department shall not approve a plantwide applicability limit permit to install if any of the conditions in R 336.1207 (1)(a) to (d) exist.(6) The department shall not approve a plantwide applicability limit permit to install unless the permit provides for all of the following: (a) A requirement that the clean corporate citizen notify the department of the commencement of construction and operation for either of the following for which a permit to install is not required pursuant to the plantwide applicability limit permit: (i) A source subject to standards of performance for new stationary sources or national emission standards for hazardous air pollutants.(ii) A source that has the potential to emit more than 50% of the prevention of significant deterioration significance level.(b) A requirement that, before the addition of new process or process equipment, other than process or process equipment exempted by R 336.1278 to R 336.1290, a clean corporate citizen shall determine that the proposed new process or process equipment is in compliance with the provisions of R 336.1224 and R 336.1225.(c) A requirement that a clean corporate citizen is not relieved of the responsibility of complying with applicable control technology requirements.(d) Limits on a pollutant-specific basis and limits on other air contaminants that are not included in the emissions cap.(e) Recordkeeping, monitoring, and reporting requirements necessary to assure compliance with the plantwide applicability limit permit.(f) A future review of the plantwide applicability limit permit and the conditions that could affect the limit or limits.(g) A requirement that a clean corporate citizen shall comply with all applicable air quality regulations, except for the requirement to obtain a permit to install pursuant to R 336.1201.(h) A provision for reopening the terms and conditions of a plantwide applicability limit permit if a clean corporate citizen's designation is terminated pursuant to MCL 324.1417.Mich. Admin. Code R. 336.2415