Section R. 336.1211 - Renewable operating permit applicabilityRule 211.
(1) All of the following stationary sources are subject to the requirements of R 336.1210 to obtain, and only operate in compliance with, a renewable operating permit: (a) Major sources as defined by any of the following criteria: (i) A major source under section 112 of the clean air act, which is defined as any stationary source or group of stationary sources located within a contiguous area and under common control that emits, or has the potential to emit, in the aggregate, any of the following: (A) Ten tons per year of any hazardous air pollutant that has been listed under section 112(b) of the clean air act.(B) Twenty-five tons per year of any combination of hazardous air pollutants that have been listed under section 112(b) of the clean air act.(C) A lesser quantity as the administrator of the United States environmental protection agency may establish by rule for any hazardous air pollutant listed under section 112(b) of the clean air act. The department shall maintain, and make available upon request, a list of the hazardous air pollutants for which a lesser quantity criteria has been established. Emissions from any oil or gas exploration or production well, with its associated equipment, and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources under this paragraph. For the purpose of this paragraph, the potential to emit of a stationary source for hazardous air pollutants includes fugitive emissions, regardless of the category of the stationary source.(ii) A stationary source that directly emits, or has the potential to emit, 100 tons per year or more of any of the following: (H) Volatile organic compounds.(I) Any air contaminant regulated under section 111 of the clean air act.(J) Any class I and class II substances under title VI of the clean air act. For the purpose of this paragraph, the fugitive emissions of a stationary source shall not be considered in determining whether the stationary source is a major source, unless the stationary source belongs to 1 of the categories listed in the definition of potential to emit in R 336.1116.
(iii) A major stationary source, as defined in part D of title I of the clean air act, and R 336.2901(t), including, for ozone nonattainment areas, stationary sources that have the potential to emit 100 tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as marginal or moderate.(b) Any affected source as defined in 40 C.F.R. § 72.6 and section 402 of the clean air act.(c) Any stationary source required to have a permit under part C or D of title I of the clean air act.(d) Any solid waste incineration unit, as defined in section 129(g) of the clean air act, that is required to obtain a renewable operating permit under section 129(e) of the clean air act.(e) Any municipal solid waste landfill that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters.(f) Any stationary source in a source category designated by the administrator of the United States environmental protection agency under 40 C.F.R. § 70.3(a)(5).(g) Any stationary source required to operate subject to a renewable operating permit under 40 C.F.R. part 63, area source requirements, including the following:(i) Any secondary lead smelter subject to national emission standards for hazardous air pollutants from secondary lead smelting, 40 C.F.R. part 63, subpart X, adopted by reference in R 336.1902.(ii) Any hazardous waste combustor subject to national emission standards for hazardous air pollutants from hazardous waste combustors, 40 C.F.R. part 63, subpart EEE, adopted by reference in R 336.1902.(iii) Any Portland cement plant subject to national emissions standards for hazardous air pollutants from the Portland cement manufacturing industry, 40 C.F.R. part 63, subpart LLL, adopted by reference in R 336.1902.(iv) Any steelmaking facility subject to national emission standards for hazardous air pollutants for area sources: electric arc furnace steelmaking facilities, 40 C.F.R. part 63, subpart YYYYY, adopted by reference in R 336.1902.(v) Any primary copper smelter subject to national emission standards for hazardous air pollutants for primary copper smelting area sources, 40 C.F.R. part 63, subpart EEEEEE, adopted by reference in R 336.1902.(vi) Any secondary copper smelter subject to national emission standards for hazardous air pollutants for secondary copper smelting area sources, 40 C.F.R. part 63, subpart FFFFFF, adopted by reference in R 336.1902.(vii) Any primary nonferrous metal area sources subject to national emission standards for hazardous air pollutants for primary nonferrous metals area sources-zinc, cadmium, and beryllium, 40 C.F.R. part 63, subpart GGGGGG, adopted by reference in R 336.1902.(viii) Any chemical manufacturing chromium compound area sources subject to national emission standards for hazardous air pollutants for chemical manufacturing area sources: chromium compounds, 40 C.F.R. part 63, subpart NNNNNN, adopted by reference in R 336.1902.(ix) Any glass manufacturing area sources subject to national emission standards for hazardous air pollutants for glass manufacturing area sources, 40 C.F.R. part 63, subpart SSSSSS, adopted by reference in R 336.1902.(x) Any chemical manufacturing area sources subject to national emission standards for hazardous air pollutants for chemical manufacturing area sources, 40 C.F.R. part 63, subpart VVVVVV, adopted by reference in R 336.1902, that installed a control device on a chemical manufacturing process unit (CMPU), if the control device on the affected CMPU is necessary to maintain the source's emissions at area source levels.(2) For the purposes of determining the applicability of R 336.1210, the potential to emit of a stationary source shall be the sum of the potential to emit of all process and process equipment located at the stationary source.(3) The following stationary sources are exempted from the obligation to obtain a renewable operating permit under R 336.1210: (a) All stationary sources and source categories for which the person owning or operating the stationary source would be required to obtain a permit solely because the stationary source is subject to 40 C.F.R. Part 60, subpart AAA, standards of performance for new residential wood heaters.(b) All stationary sources and source categories for which the person owning or operating the stationary source would be required to obtain a permit solely because the stationary source is subject to 40 C.F.R. Part 61, subpart M, national emission standards for hazardous air pollutants for asbestos.Mich. Admin. Code R. 336.1211
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