Section R. 336.1277 - New emission unit at facility with plantwide applicability limits; exemptionRule 277. The owner or operator of a facility complying with an actuals plantwide applicability limit, established pursuant to R 336.2823 or R 336.2907, may install a new emission unit without first obtaining a permit to install under R 336.1201, if all of the following requirements are met:
(a) The new emission unit will not cause a meaningful change in the nature or quantity of toxic air contaminants emitted from the stationary source unless the new emission unit is otherwise exempt under R 336.1278 to R 336.1291. In determining whether the new emission unit will cause a meaningful change in the nature or quantity of toxic air contaminants, the following shall apply: (i) The owner or operator shall demonstrate to the department that a meaningful change in the nature or quantity of toxic air contaminants has not occurred. The owner or operator may devise its own method to perform this demonstration subject to approval by the department. However, if the applicant demonstrates that all toxic air contaminants from a new emission unit are within the levels specified in R 336.1226 or R 336.1227, then a meaningful change in air contaminants has not occurred.(ii) If, using the methods described in subdivision (a) of this rule, the owner or operator determines that the installation of a new emission unit will cause a meaningful change in the nature or quantity of toxic air contaminant emissions, then the owner or operator shall obtain a state-only enforceable permit to install under R 336.1201(1)(b).(iii) A copy of the demonstration required by subdivision (a) of this rule shall be kept on site for the life of the new emission unit and made available to the department upon request.(b) The new emission unit will only emit regulated new source review pollutants, as defined in R 336.2801(nn) and R 336.2901(ee), that are subject to a plantwide applicability limit, unless the new emission unit is otherwise exempt under R 336.1278 to R 336.1291.(c) The new emission unit will not be a newly constructed or reconstructed major source of hazardous air pollutants as defined in 40 C.F.R. § 63.2 and subject to § 63.5(b)(3), national emission standard for hazardous air pollutants, adopted by reference in R 336.1902.(d) The installation of the new emission unit will not cause the violation of any other applicable requirement.(e) The owner or operator shall notify the department of the installation of a new emission unit using the procedure in R 336.1215(3)(c).Mich. Admin. Code R. 336.1277
2008 AACS; 2016 MR 24, Eff. 12/20/2016