Part 1, Part 2, and Part 9 Final Air Pollution Control Rule Revisions Issued

On December 20, 2016, the Michigan Department of Environmental Quality (MDEQ) issued final rule revisions to the Part 1, Part 2, and Part 9 air pollution control rules, covering definitions, air permitting rules and procedures, and other miscellaneous regulations, respectively.  Revisions include:

  • Updates to the air toxics rules, including exemptions for certain engines, boilers, and heaters firing clean fuels, clarification of permitting procedures for insignificant changes in air toxic emissions, and revisions to the procedures for determining health-based screening levels for air toxics and notifying the public of new and modified screening levels;
  • Clarifications to the rules governing the Title V renewable operating permit program including removal of greenhouse gases as regulated pollutants, rescinding Rule 208a which allowed limitation of Potential to Emit for purposes of the Title V program via registration, and removal of obsolete compliance deadlines;
  • Clarifications to the rules governing exemptions to construction permitting requirements;
  • Revisions to the construction permit exemption for units with limited emissions under Rule 290 to address sources with emissions of greenhouse gases, lead, and/or mercury, and to address requirements for pollution control equipment on such emission units;
  • Addition of a new construction permitting exemption for units with de minimus emissions under Rule 291;
  • Moving all standards adopted by reference from Rule 299 to Rule 902 and rescinding Rule 299; and
  • Modifications to Rule 916 to address USEPA's State Implementation Plan (SIP) call regarding affirmative defense in enforcement proceedings for exceeding emission limitations during periods of startup and shutdown.  This standard allowed affirmative defense of violations during startup and shutdown conditions meeting specific requirements for all pollutants, and the revisions limit the applicability of this rule to emissions of air toxics governed under Rules 224 through 228 and odors or other nuisance pollutants governed under Rule 901.

The revised rules will be included in the January 2017 Michigan Register and are effective as of December 20, 2016.  The full text of these regulations can be found at the following links: