Note: The portions of Chapter 5, section 501, which incorporate by reference the following parts of the State rules are not federally approved or incorporated into the State Implementation Plan: 1. The quench tower limit in Rule 336.1331, Table 31, Section C.8; 2. The deletion of the limit in Rule 336.1331 for oven preheater equipment; and 3. Rule336.1355

WAYNE COUNTY

AIR POLLUTION CONTROL ORDINANCE

AN ORDINANCE to abate air pollution in the County of Wayne and to provide for its administration and enforcement; to prescribe the powers and duties of the Wayne County Depart­ ment of Health-Air Pollution Control Division and its Director; and to provide for penalties and remedies.

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CHARTER COUNTY OF WAYNE

2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 1 of 20 (11/18/1985) TABLE OF CONTENTS

PAGE

Chapter I DEFINITIONS

Chapter 2 GENERAL PROVISIONS 4

Chapter 3 ENFORCEMENT .... 8

Chapter 5 EMISSION LIMITATIONS AND PROHIBITIONS PARTICULATE MATTER ...... 16

Chapter 8 EMISSION LIMITATIONS AND PROHIBITIONS -- MISCELLANEOUS ...... 21

Chapter 9 SEALlNG OF EMISSION SOURCES ...... 24

Chapter 11 TESTING AND SAMPLING 26

Chapter 12 CONTINUOUS EMISSION MONITORING AND RECORDING 27

Chapter 13 AIR POLLUTION EPISODES . 28

APPENDICES

A. DIVISION REQUIREMENTS FOR EMISSION SOURCE TESTING

D. DIVISION REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING AND RECORDING

2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 2 of 20 (11/18/1985) Chapter I DEFINITIONS Section 101. GENERAL (BACT) means an emissions limitation The words and phrases used in this Ordinance (including a visible em1ss1ons standard) shall have the meanings ascribed to them by this based on the maximum degree of reduc­ Section or under Act 348 of the Public Acts of tion for each air contaminant subject to regulation under this Ordinance which l 965, as amended, and Rules 101 through l 23 of would be emitted from any proposed the Michigan Administrative Rules; AACS R ~mission source which the Division, taking 336. l l 01 through R 336.1123. The words and mto account energy, environmental and phrases defined in l 965 PA 348 and R 336. l 101 - 1123, as promulgated on February 22, 1985, economic impacts, or other costs, de­ are incorporated by reference and made a part of termines on a case-by-case basis is this Ordinance. In the event a word or phrase is achievable for such source through the defined both in this Section and under Act 348 or application of equipment, devices, R 336.1101-11 23, the meaning ascribed in this methods, or techniques. In no event shall Section shall be con trolling, as long as the application of best available control requirements of the Wayne County definition are technology result in emissions of any air equal to or greater than the minimum applicable contaminant which would exceed the requirements existing under state law. Words and emissions allowed under any applicable phrases not defined under the provisions of this NSPS or NESHAPs. Where applicable, the Section, or under Act 348 and R 336. l l Ol-1123, County definition for BACT shall be shall be interpreted according to their plain interpreted and applied consistently with meaning or as the context implies. Words and the definition for BACT cited at 40 CFR phrases used in the present tense include the 52.21. future: words and phrases in the masculine include the feminine and neuter; the singular C. Definitions; C. number includes the plural and the plural the l. "Certificate of operation" means an singular. authorization by the Division to an owner or operator to use or operate the emission Section 102. WORDS AND PHRASES source in accordance with the emission A. Definitions: A. limitations and prohibitions of this Ordi­ nance and the terms and conditions of the 1. "Act 348" means Public Act No. 348 of certificate of operation. 1965, as amended, MCLA 336.ll et seq; MSA 14.58( l) et seq, entitled "air pollu­ 2. "CFR" means the Code of Federal Regu­ tion act." lations published by the Office of the Federal Register, National Archives and 2. "Air contaminant" means a dust, fume. Records Service, General Services gas, mist, odor, smoke, vapor, or any Administration, Washington, D.C. 20402. combination thereof. 3. "County" means the County of Wayne. 3. "Air pollution" means the presence in the outer air of one or more contaminants in 4. "County Commission" means the Wayne quantities, with characteristics, under County Board of Commissioners. conditions and circumstances, and of a duration, which are or can become in­ D. Definitions; D. jurious to human health or welfare, to l . "Depar t men t" means the Wayne County animal life, to plant life, or to property, Department of Health. or which unreasonably interfere with the enjoyment of life or property or the 2. "Director" means the Director of the Air conduct of business. Pollution Control Division of the Depart­ ment, or duly authorized representatives. 4. "ASTM" means American Society of Testing Materials. 1916 Race Street 3. "Division" means the Air Pollution Con­ Philadelphia, PA 19103. ' trol Division of the Department.

B. Definitions: B. E. Definitions; E. I. "Be st available control technology" 1. "Emission Source" means any process or

2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 3 of 20 (11/18/1985) process equipment, fuel-burning equip­ the document: "Standard For Metric ment, waste-burning equipment or port­ Practice". ASTM Designation: E380-76 able equipment, or control equipment pp. 484-520. In case of discrepancy, the pertaining thereto, the use of which may British Units shall supersede. cause the discharge of an air contaminant into the outer air. N. Definitions; N. 2. "Excess emissions" means emissions of air 1. "NESHAPS" means a national em1ss1on contaminant in excess of an emission standard for hazardous air pollutants set limitation or prohibition, an installation by the U.S. Environmental Protection permit condition, certificate of operation Agency, 40 CFR Part 61. condition, or a requirement existing in an administrative or judicial order. 2. "NSPS" means new source performance standards set by the U.S. Environmental Protection Agency, 40 CFR Part 60. F. Definitions; F. 1. "Federal Clean Air Act": means the Clean 0. Definitions; 0. Air Act, as amended; at 42 USC 7401, et seq. 1. "Owner or operator" means any person who owns, leases, operates, controls, or supervises an emission source. H. Definitions; H. 1. "Health Officer" means the Head of the P. Definitions; P. Department or that person's duly author­ 1. "Particulate matter" means any air con­ ized representative. taminant existing as a finely divided liquid or solid, other than uncombined water, as I. Definitions; I. measured by methods SA through SG 1. "Incinerator" means a waste-burning (See Division Requirements for Emission emission source. Source Testing, Appendix A) or by an equivalent or alternative method. L. L. Definitions; 2. "Person" means a natural person, trustee, 1. "Lowest Achievable Emission Rate court appointed representative, syndicate, (LAER)" means the more stringent of the association, partnership, firm, club, following: company, corporation, business trust, institution, agency, government corpora­ a) The most stringent emission limitation tion, municipal corporation, city, county, which is contained in the implementa­ municipality, district, or other political tion plan of any state for such class or subdivision, department, bureau, agency category of emission sources, unless or instrumentality of federal, state, or the owner or operator of the proposed local government, or other entity major offset emission source or major recognized by law as the subject of rights offset modification demonstrates that and duties. such a limitation(s) is not achievable; or 3. "Portable equipment" means any non-stationary waste-burning, fuel­ b) The most stringent emission limitation burning, asphalt or concrete batch plant, which is achieved in practice by such or portable screening equipment, or other class or category of emission sources. process or process equipment which is In no event shall the application of this intended to be moved from place to place. term permit a proposed major offset S. Definitions; S. emission source or major offset modifica­ tion to emit any air contaminant in excess 1. "Seal", for sealing em1ss10n sources or of the amount allowable under an ap­ premises, means a device installed on or in plicable NSPS. a manner approved by the Division so as to prevent use of the emission source or M. Definitions; M. premises. 1. "Metric units" means the international 2. "Specific plate collection area" means the system of units. All conversions from ratio of the total collection area to the British Units shall be in accordance with total gas volume flow rate in square feet

2 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 4 of 20 (11/18/1985) per 1,000 actual cubic feet per minute. U. Definitions; U. 1. "Unleaded gasoline": means gasoline con­ 3. "Stack height required to minimize down­ taining not more than 0.05 gram of lead wash" means that stack height which is per gallon and not more than 0.005 gram calculated to be equal to or greater than of phosphorus per gallon. This definition the sum of the product of 1.5 and the is intended to be consistent with the lesser dimension of the height or width of federal definition for unleaded gasoline the influencing structure and the product contained at 40 CFR 80.2(g). of 3.0 and the inside stack diameter. In such calculations, the width is the dimen­ 2. "USC" means United States Code, U.S. sion of the influencing structure perpendi­ Government Printing Office, Super­ cular to the wind direction. For purposes intendent of Documen ts, Washington, of this definition, an influencing structure D.C. 20402. is an upwind structure that has an in­ fluence on an exhaust plume if the ex­ W. Definitions: W. haust stack is located within 5 times the 1. "Waste-burning emission source or equip­ lesser dimension of the structure's height ment" means a device, contrivance, or or width downwind of the proposed equipment, and all appurtenances thereto, stack. In no case shall this require a stack designed and used principally, but not greater than good engineering practice exclusively for the destruction by burning stack design. of garbage, refuse, rubbish, sewage sludge, sewage scum, sewage grit, waste liquids, 4. "Synthetic fuels" means fuels other than waste gases or other combustible wastes wood; bark, peat, , , or all combinations thereof, in which the coal, Nos. 1, 2, 4, 5, or 6 fuel products of are emitted into oils, crude oil, , propane or the outer air by passing through a stack or butane. chimney.

3 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 5 of 20 (11/18/1985) Chapter 2 GENERAL PROVISIONS Section 201. DECLARATION OF POLICY and maximize the potential for continued AND PURPOSES industrial and economic growth within Wayne County; A. Policies. 4. To ensure that sources of air contami­ In recognition of the constitutional right of nants located within Wayne County do to the conservation and the citizens of Michigan not unreasonably interfere with the air natural resources of the State development of the pollution control programs of other and to the protection of the air from pollution, jurisdictions; impairment and destruction; and in recognition of the constitutional mandate to protect the health, 5. To provide a mechanism to obtain such safety and welfare of the citizens of Michigan, it information as is necessary to determine is hereby declared the policy of the County of the current air quality of Wayne County, Wayne: the factors contributing to that air quality and the current status of any source of air enhance the quality of the 1. To protect and contaminants as it relates to the Ordi­ resources so as to promote County's air nance; and the public health, safety and welfare and the productive capacity of its citizens by 6. To establish an air pollution control pro­ abating sources of air contamination and gram which, at a minimum, is consistent preventing adverse health effects caused with the requirements of the Michigan Air by air pollution; Pollution Act and the Federal Clean Air Act, and rules promulgated under these the County's air resources 2. To protect Acts. from pollution, impairment, or destruc­ tion; Section 202. TITLE injury to plant and animal life, 3. To prevent This Ordinance shall be known and may be and to protect the comfort and property, cited as the "Wayne County Air Pollution Control and the and convenience of the public Ordinance." recreational resources of the County; and 4. To develop, attract and expand industry, Section 203. EFFECTIVE DATE agriculture, consistent with commerce and Except as provided for otherwise, this Ordi­ of protecting the County's air the policy nance shall become effective 30 days after ap­ local, state resources and with applicable proval of the Wayne County Commission and the and federal air quality requirements. Chief Executive Officer.

B. Purposes. Section 204. CONSTRUCTION AND It is therefore the purpose of this Ordinance: INTERPRETATION 1. To protect the health, safety and welfare A. Liberal Construction. of its citizens and to achieve the policy declarations enumerated above by pro­ This Ordinance is adopted pursuant to the viding for an air pollution control pro­ Home Rule Charter for Wayne County and is gram in Wayne County; authorized by the Michigan Air Pollution Act; MCL 336.11 et seq. To give full effect to the 2. To provide for the administration and purposes of the Ordinance, the provisions herein enforcement of this Ordinance by the shall be liberally construed for the protection of Wayne County Department of Health-Air the health, safety and welfare of the citizens of Pollution Control Division; to prescribe Wayne County. the powers and duties of the Division and its Director; and to provide penalties for B. Headings. violation of this Ordinance. A heading or title of a Chapter, Section, or 3. To establish emission limitations, stand­ subsection of this Ordinance shall not be con­ ards, permit procedures and other require­ sidered a part of this Ordinance, nor shall it be ments for sources of air contaminants to used to construe this Ordinance more broadly or ensure compliance with this Ordinance narrowly than indicated by the text of the

4 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 6 of 20 (11/18/1985) Sections, but shall be considered as inserted for with evidence with respect to such claim. the convenience to users of this Ordinance. I. Savings Clause. C. Provisions Cumulative. Any criminal action arising from a violation The provisions of this Ordinance shall be of the Wayne County Air Pollution Control cumulative. Therefore, except as otherwise pro­ Regulation of 1965, as amended, shall be action­ vided, compliance with any provision of this able for one year after the effective date of the Ordinance shall in no manner relieve a person of provisions of this Ordinance. In the event any the duty to fully comply with any other provision Section or subsection of this Ordinance is de­ of this Ordinance. clared to be invalid or unconstitutional, the applicable article or section of the Wayne County D. Conflict. Air Pollution Control Regulation shall become effective and enforceable. In the event that the provisions of this Ordinance conflict, the provision which results in Section 205. ADMINISTRATION AND the lowest permissible emission rate shall prevail, ORGANIZATION absent clear and convincing evidence that a different provision is intended to prevail. A. Administration. This Ordinance shall be implemented, ad­ E. Local Requirements; State Rules. ministered and enforced by the Wayne County To the extent permitted a home rule county, Department of Health-Air Pollution Control the provisions of this Ordinance shall control over Division. less stringent or inconsistent rules, regulations or ordinances enacted by a local governmental entity B. Duties of the Director. for the control of air pollution. Also, the provi­ l. The Director shall: sions of this Ordinance shall control over less a) Supervise the implementation of this stringent rules of the Department of Natural· Ordinance: Resources or Air Pollution Control Commission of the State of Michigan, unless contrary to law. b) Accept, receive, and give receipts for monies, for and on behalf of the F. Severability. County, given by the federal govern­ ment or the State for air pollution The provisions of this Ordinance shall be control activities, surveys, investiga­ severable. If any provision of this Ordinance is tions, research, or programs, subject declared by a court of competent jurisdiction to to the laws of the State of Michigan be unconstitutional or otherwise invalid, the and the County; remaining provisions of this Ordinance shall re­ c) Issue memoranda, policy statements main valid and enforceable. or implementing instructions to Divi­ sion Personnel for the administration G. Nuisances. of this Ordinance, as required; This Ordinance shall not be construed in any d) Do any or all acts which may be manner as authorizing or legalizing the creation or necessary for the successful prosecu­ maintenance of a nuisance. Compliance by an tion of the purpose and intent of this emission source with the provisions of this Ordi­ Ordinance. nance shall not be a bar to a claim of nuisance by Wayne County or any other person. 2. The Director may: a) Enter into, modify, or cancel orders H. Burden of Proof. which require the control or abate­ In any proceeding ansmg out of the provi­ ment of air pollution in accordance sions of this Ordinance or out of an order issued with the provisions of this Ordinance; or action taken pursuant to this Ordinance, any b) Institute in a court of competent person claiming entitlement to an exemption jurisdiction proceedings to compel provided for in this Ordinance or an order issued compliance with any provisions of this pursuant to this Ordinance, or any person claim­ Ordinance or any determination or ing that a provision or interpretation other than order that may be promulgated or the one resulting in the lowest permissible emis­ issued under this Ordinance; sion rate was intended to prevail, shall bear the e) Recommend a fee schedule (Appendix burden of proof and the burden of going forward E) sufficient to cover the reasonable

5 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 7 of 20 (11/18/1985) costs of reviewing and acting upon government, or County reorganization any application for an installation plan or additional ordinance; permit and certificate of operation and the reasonable costs of imple­ m) Do any and all acts which may be menting and enforcing the terms and necessary for the successful prosecu­ conditions of any permit and certifi­ tion of the purposes and intent of this cate which is issued; Ordinance. d) Recommend additions, modifications 2. The Division may: or amendments to this Ordinance, or a) Notify the public and receive input recommend rules to further imple­ from the public on significant agency ment the provisions of this Ordinance. decisions and actions; C. Duties of the Division. b) Enter and inspect any property at reasonable times and places, pursuant 1. The Division shall: to reasonable notice, for the purpose a) Conduct inspections and investigate of investigating either an actual or emission sources in Wayne County; suspected source of air pollution or b) Collect and disseminate information ascertaining compliance or non­ on air pollution control; compliance with the provisions of this Ordinance. If in connection with such c) Work with planning and zoning investigation or inspection, samples of agencies for the purpose of coordi­ air contaminants are taken for nating activities under the provisions analysis, a duplicate of the analytical of this Ordinance, and foster the best report shall be furnished promptly to possible management of the air re­ the person who is suspected of causing sources of the County; such air pollution. d) Cooperate and work with inter­ national, federal, interstate, state, D. Public Comment and Public Hearings. county, district, municipal, and other agencies concerned with air pollution A public comment period or a public hearing control with regard to aerometric may be announced for review of installation studies, abatement programs, public permit applications, orders, or compliance complaints, and other matters to the schedules considered to be significant by the end that the air resources of the Division, or when required by state or federal law. County shall be best conserved and Prior to amendment or revision to this Ordinance, improved; the Division shall conduct one or more public e) Receive and investigate complaints of hearings on such proposals. Public announcement air pollution; for such comment periods or hearings shall be by prominent advertisement in a media of general f) Engage in research programs and staff circulation in Wayne County and shall include the professional training programs; locations and times available for public inspection g) Monitor air quality; of copies or summaries of the proposals under h) Enforce the emission limitations and consideration. prohibitions of this Ordinance to pre­ vent and abate air pollution; E. Confidentiality. i) Implement installation permit and If an owner or operator certifies that a record, certificate of operation programs; permit application, or other data provided to or j) Collect, review, and i::ompile data on obtained by the Division relates to production, composition and quantity of air sales figures or to processes unique to the owner contaminants issuing from emission or operator's operation(s), and disclosure would sources; adversely affect the competitive position of the operation(s), then such record, permit application k) Exercise such powers, duties, or func­ or other data shall be held only for the confi­ tions as provided for in this dential use of the Division in the administration Ordinance; of this Ordinance, unless the owner or operator 1) Perform such other duties as may be expressly agrees to its publication or availability delegated to the Division by the to the general public. This shall not prevent the Wayne County Department of Health, use of a record, permit application or information the State of Michigan, or the federal by the Division in compiling or publishing

6 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 8 of 20 (11/18/1985) analyses or summaries relating · to the general its appendices to the standards or recommended condition of the outer air if the analyses or practices of national technical societies, associa­ summaries do not identify the owner or operator tions or other organizations, such information or reveal information which is otherwise confi­ shall be incorporated by reference and considered dential under this Section. Nothing in this Section an integral part of this Ordinance in the same renders data on the quantity or quality of manner and extent as if fully reproduced herein, emissions from any emission sauce confidential. provided such standards are fully identified. Not The data on amount and nature of emissions from less than two copies of such standards or recom­ each emission source shall be public. mended practices of technical societies, associa­ tions, or other organizations shall be kept on file at all times in the main office of the Division and Section 206. INCORPORATION BY shall be available for public review and copying. REFERENCE Rules, regulations, other regulatory standards, or statutory provisions incorporated or adopted by reference in this Ordinance or its appendices shall have the same force and effect given to any provision promulgated under this Ordinance. Section 208. REGISTRATION OF Such rule, regulation, regulatory standard, or EMISSION SOURCES statutory provision shall remain effective until: The Division may require an owner or opera­ (i) a provision is promulgated under this Ordi­ tor of an emission source for which there is an nance which covers the same or similar subject emission limitation or prohibition, to file with the and the standard is expressly rescinded; or (ii) this Division a written registration of points of emis­ Ordinance is amended to incorporate by reference sion. If so directed, such owner or operator shall a revised standard in replacement of the original comply within 60 days, or some longer time rule, regulation, regulatory standard, or statutory period acceptable to the Division. In cases of provision. In order to maintain consistency with emergency, the Division may designate a lesser minimum state and federal requirements, the time period. The written registration of points of Director may recommend this Ordinance be emission may require the inclusion of the location amended to include newly promulgated or revised of the emission source, size of outlets, height of state or federal air pollution standards. outlets, estimated rate and composition of air contaminants, type of emission source, and any other pertinent information specified by the Division. An owner or operator who fails to Section 207. STANDARDS AND register or timely file such information as re­ RECOMMENDED PRACTICES quired under this Section shall be in violation of Where reference is made in this Ordinance or this Ordinance.

7 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 9 of 20 (11/18/1985) Chapter 3 ENFORCEMENT Section 301. VIOLATION NOTICES D. Consent Orders. The Division may issue a violation notice to The Director may issue and serve upon any any person the 0 Division has reason to believe is in person believed to be in violation of any provision violation of any provision of this Ordinance or an of this Ordinance a proposed order for corrective order issued under authority of this Ordinance. action which specifies the provisions or standards Any person issued a violation notice may, within being violated and sets forth a time schedule and 14 days of issuance of the notice, submit to the requirements for compliance. If a person served Director evidence that a violation of the Ordi­ with a proposed order agrees to the terms and nance or order issued under the Ordinance did conditions of the order, disposition of the case not occur. The Director shall review the evidence may be made with the approval of the Director submitted and, within 14 days, affirm, modify, or by stipulation or consent. Prior to final approval withdraw the violation notice, and inform the of any such order, the Division shall hold a public person of this decision. Where a person does not comment period or public hearing, whichever is submit evidence within the time stipulated above, deemed appropriate under the circumstances. the violation notice shall be considered affirmed. Section 303. RIGHT OF ENTRY Section 302. ORDERS The Division, when authorized by the Health A. Imminent Danger Orders. Officer, based upon a declaration of an existence of a condition of an air pollution emergency by Upon a determination by the Health Officer, said Health Officer, may enter any premise, consistent with the requirements of the Public building, or place, to inspect, investigate, seal, and Health Code, MCLA 333.1101 et seq, that an or test anything found therein or thereupon imminent danger to the health or lives of indivi­ which is believed to cause the air pollution duals exists that is caused by a condition of air emergency. Additionally, the Division may enter pollution, the Health Officer may authorize the and inspect any property at reasonable times and Director to issue an order to the responsible places, pursuant to reasonable notice, for the person requiring immediate action to avoid, purpose of investigating either an actual or correct, or remove the imminent danger. suspected source of air pollution or ascertaining compliance or noncompliance with the provisions B. Emergency Orders. of this Ordinance. If in connection with such If the Health Officer determines, consistent investigation or inspection, samples of air con­ with the requirements of the Public Health Code, taminants are taken for analysis, a duplicate of MCLA 333.1101 et seq, that control of an the analytical report shall be furnished promptly epidemic that is caused by a condition of air to the person who is suspected of causing such air pollution and it is necessary to protect the public pollution. If right of entry is refused by a person, health, the Health Officer may authorize the the Division may seek a warrant for this purpose. Director to issue an emergency order to prohibit the gathering of people for any purpose and may Section 304. AGREEMENTS, CONTRACTS establish procedures to be followed by persons, AND ARRANGEMENTS including a local governmental entity, during the The Director, on behalf of and with the epidemic to ensure continuation of essential appropriate County approval, may enter into public health services and enforcement of this agreements, contracts or arrangements necessary Ordinance. or appropriate to assist the Division in carrying out its duties and functions. The agreements, C. Nuisance Orders. contracts or arrangements referred to in this The Health Officer, consistent with the re­ Section are expressly not intended to include the quirements of the Public Health Code, MCLA orders issued pursuant to Section 302. 333.1101 et seq, may authorize the Director to issue an order to avoid, correct, or remove, at an Section 305. VIOLATIONS; PENALTY; owner's or operator's expense, a building or INJUNCTION condition which violates this Ordinance or which A. Enforcement. the Health Officer reasonably believes to be a nuisance, unsanitary condition, or cause of illness The Director may bring any appropriate caused by a condition of air pollution. action in the name of Wayne County, either at

8 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 10 of 20 (11/18/1985) law or equity, as may be necessary to carry out Division. Penalties or fines imposed upon persons and enforce the provisions of this Ordinance and pursuant to this Ordinance shall not be construed to enforce any and all laws, rules and regulations to include any violation caused by an act of God, relating to the provisions of this Ordinance. war, strike, riot, catastrophe or other condition as to which negligence or wilful misconduct on the B. Criminal Misdemeanor. part of such person was not the proximate cause. In addition to any fine, the court in its discretion A person who violates a requirement of this may impose probation. Ordinance or fails to obtain or comply with a is permit or order issued under this Ordinance C. Injunctions. guilty of a misdemeanor and shall be fined not more than $10,000.00, and in the discretion of Upon petition by the Director, the circuit the court an additional amount of not more than court may order a person to be restrained from $2,000.00 per day a violation continues. The continuing a violation. In addition, the Director circuit courts of Wayne County shall have exclu­ may request, and the court may grant, recovery sive jurisdiction. However, a person shall not be for the full value of the injuries done to· the subject to the penalties of this subsection if the natural resources of Wayne County and the costs discharge of emissions is in conformance with and of surveillance and enforcement by the Division obedient to a requirement or order of the resulting from the violation.

9 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 11 of 20 (11/18/1985) Chapter 5 EMISSION LIMITATIONS AND PROHIBITIONS - PARTICULATE MATTER

Section 501. INCORPORATED STATE RULES Section 502. GRADING VISIBLE EMISSIONS The following Michigan Rules, as promulgated Opacity of any visible air contaminant shall on February 22, 1985, are incorporated by be graded by a person certified as a qualified reference and made a part hereof. For purposes of observer of visible air contaminants. A person the Ordinance, the term "Division" shall replace shall not be certified as a qualified observer of the term "commission" wherever it appears in visible air contaminants unless such a person has such incorporated rules. successfully completed the requirements of the Division's visible emissions training school or its A. Rule 301. equivalent. Division certification of a qualified observer of visible air contaminants shall auto­ "Standards for Density of Emissions;" AACS matically expire 6 months from the date of R 336.1301. certification. A person may be recertified upon successful completion of the recertification por­ B. Rule 330. tion of the Division's visible emissions training "Electrostatic Precipitator Control Systems;" school or an equivalent acceptable to the AACS R 336.1330. Division.

C. Rule 331. Section 503. PARTICULATE EMISSIONS FROM SPRAY PAINTING OPERATIONS "Emission of Particulate Matter;" AACS R 336.1331. The allowable particulate emissions from spray painting operations shall be as follows: D. Rules 350 through 367. (i) for non-production spray painting (paint usage of less than 20 gallons per day), the allowable Dealing with air contaminant emissions from particulate emissions shall be 0.02 pounds of steel manufacturing facilities; AACS R particulate per 1000 pounds of exhaust gas; 336.1350-1367. (ii) for production spray painting (paint usage of 20 gallons or more per day), the allowable E. Rule 370. particulate emissions shall be 3 grains per "Collected Air Contaminants; AACS R thousand standard cubic feet (or 0.006 pounds of 336.1370. particulate per 1000 pounds of exhaust gas).

16 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 12 of 20 (11/18/1985) Chapter 8 EMISSION LIMITATIONS AND PROHIBITIONS - MISCELLANEOUS

Section 801. INCORPORATED STATE RULES The following Michigan Rules as promulgated on February 22, 1985, are incorporated by Section 803. FEDERAL EMISSION ST AND­ reference and made a part hereof. For purposes of ARDS AND PREVENTION OF this Ordinance, the term "Division" shall replace SIGNWICANT DETERIORATION the term "commission" wherever it appears in such incorporated rules. A. New Source Performance Standards (NSPS). A person shall not cause or permit an emis­ A. Rule 901. sion source subject to the provisions of the "Air contaminant or water vapor, when Federal Clean Air Act, and the rules entith:d prohibited;" AACS R 336. I 90 I. "Standards of Performance for New Stationary Sources," 40 CFR Part 60, to exceed any B. Rule 906. applicable standard contained in 40 CFR Part 60, unless a waiver from such requirement has been "Diluting and concealing emissions;" AACS R secured pursuant to the provisions of Section 336.1906. 111 U) of the Clean Air Act. The requirements of 40 CFR Part 60, as promulgated on February 22, C. Rule 910. 1985, are hereby incorporated by reference and "Air-cleaning devices:" AACS R 336. I 910. made a part hereof.

D. Rule 911. B. National Emission Standards for Hazardous Air Pollutants (NESHAPs) "Malfunction abatement plans;" AACS R A person shall not cause or permit an emis­ 336.1911. sion source subject to the provisions of the Federal Clean Air Act, and the rules entitled E. Rule 912. "National Emission Standards for Hazardous Air "Abnormal conditions and breakdown of Pollutants:' 40 CFR Part 6 I, to exceed any equipment;" AACS R 336. I 9 I 2. applicable standard contained in 40 CFR Part 61. The requirements of 40 CFR Part 61, as promul­ F. Rule 930. gated on February 22, 1985, are hereby incorpo­ "Emission of from ferrous rated by reference and made a part hereof. cupola operations;'' AACS R 336.1930. C. Prevention of Significant Deterioration (PSD). A person shall not cause or permit an emis­ sion source subject to the provisions of the Federal Clean Air Act, and the rules entitled "Prevention of Significant Deterioration of Air Quality," 40 CFR Part 5 2. 2 I, to exceed any applicable standard or requirement contained in 40 CFR Part 52.21. The requirements of 40 CFR Part 52.21, as promulgated on February 22, 1985, are hereby incorporated by reference and made a part hereof.

D. Full Compliance. A person who owns or operates an emission source complying with the emission ]imitations and prohibitions of subsections 803.A, B and C shall not be exempt from complying with the emission limitations and prohibitions contained in this Ordinance.

21

2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 13 of 20 (11/18/1985) Section 804. WASTE-BURNING EMISSION tained in a manner to assure compliance with the SOURCE OR EQUIPMENT emission limitations and prohibitions of this Ordinance. A. Prohibition. A person shall not cause or permit, one year Section 805. BURNING OF COAL FOR SPACE after the effective date of this Ordinance, the use, AND WATER HEATING installation or operation of any waste-burning A person shall not cause or permit, one year emission source or equipment except: after the effective date of this Ordinance, the l. Apartment, commercial and industrial burning of coal in any residential, commercial, or waste-burning sources; school building for the purpose of providing space or water heating. 2. Crematory and pathological burning equipment designed and used for the burning of human and animal remains Section 806. DRY BLASTING consisting of carcasses, organs, and solid A person shall not cause or permit the dry organic wastes from hospitals, labora­ blasting or cleaning of the exterior of any tories, abattoirs, animal pounds, and structure. The owner or operator of wet blasting similar emission sources; or cleaning equipment shall at the end of each 3. Liquid and gaseous waste-burning equip­ shift clean up the site where blasting is done so as ment owned and operated by the person to prevent the spent abrasive from becoming generating the waste and designed and airborne or scattered by the wind. used solely for the burning of gaseous, liquid, or semi-liquid wastes such as tars, Section 807. OPERATION OF CONTROL paints, solvents and fumes generated at EQUIPMENT the same geographical site; A person shall not cause or permit the use or 4. Burning equipment designed and used for operation of any emission source for which the destruction of United States currency control equipment is required under any Chapter, notes or postage stamps; Section or subsection of this Ordinance unless such control equipment is utilized and maintained 5. Burning equipment designed and used for in a manner to assure compliance with the the removal of insulation from electric emission limitations and prohibitions of this motors, electrical wires, or for cleaning of Ordinance. steel drums; 6. Burning equipment designed and used for Section 808. CHANGE OF CONDITIONS the disposal of sewage sludge, scum or A person shall not cause or permit the grit; operation of any emission source in such a 7. Municipal burning equipment designed manner or at such a rate in excess of that for and used for the destruction of refuse which an installation permit or certificate of which has a rated plant capacity in excess operation has been issued or conditioned. of 50 tons per day; or Section 809. OPEN FIRES 8. 0 t her special purpose waste-burning equipment, with written permission of the A. Prohibition; Exemptions. Director. A person shall not ignite, cause or permit to be ignited, allow or maintain an open fire. The B. Sealing of Source. following types of open fires are exempt from the A person owning or operating a waste-burning prohibition of this Section provided such fires are emission source which is not to be used or conducted in accordance with the conditions operated one year after the effective date of this specified by the Division and are not injurious to Ordinance shall seal the same no later than one human health, safety or welfare, animal life, or year after the effective date of this Ordinance. property, or unreasonably interfere with the comfortable enjoyment of life or property, or C. Use of Authorized Waste-burning Emission violate any other section of this Ordinance. Source. 1. For the control of crop disease when the A person shall not cause or permit the use or County agricultural agent declares that operation of any waste-burning emission source this is the only means available, provided unless such emission source is utilized and main- the County agricultural agent has issued a

22 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 14 of 20 (11/18/1985) permit for such burning; Section 810. USE OF IMPROPER FUELS IN MOTOR VEHICLES 2. For training fireman or for research in fire prevention, provided the Division has A person or retailer, or his employee or agent, given prior written approval; or wholesale purchaser-consumer, or his em~loyee or agent, shall not sell, dispense, or offer for sale 3. For the health, safety and welfare of the gasoline represented to be unleaded, unless such community when such fires are ignited by gasoline meets the defined requirements for un­ order of a municipal fire department; leaded gasoline; nor shall a person introduce, or 4. For the noncommercial cooking of food cause or permit the introduction of leaded gaso­ for human consumption; line into any motor vehicle which is labeled 5. For ceremonial or recreational purposes if "Unleaded Gasoline Only," or which is equipped properly controlled by a responsible with a gasoline tank filler inlet which is designed person and the fuel used is limited to dry for the introduction of unleaded gasoline. A wood, dry paper or smokeless fuel; or person or retailer, or his employee or agent, or wholesale purchaser consumer, or his employee or 6. For warming of workers who work pre­ agent, shall not equip a device for dispensing dominantly in the outdoors if the ambient leaded fuel to motor vehicles with a nozzle which temperature is lower than 32 degrees would allow insertion into a gasoline tank filler Fahrenheit and the fuel is limited to dry inlet which is designed for the introduction of wood, dry paper, or smokeless fuel. unleaded gasoline.

2016 MI SIP compilation update Wayne County Air Pollution Control23 Ordinance Page 15 of 20 (11/18/1985) Chapter 9 SEALING OF EMISSION SOURCES

Section 901. REASONS FOR SEALING Section 903. SEALING OF SOURCES The Director may require that an emission The Director shall provide written notice to source be sealed if: (i) a required installation any person owning or operating an emission permit or certificate of operation has not been source which the Director believes should be issued by the Division; or (ii) the owner or sealed. The notice shall state the reason(s) for the operator of the emission source has received three proposed action and shall require the person to or more violations within any 12 consecutive either seal the emission source or remedy the months for violating emission limitations or pro­ circumstances requiring the sealing within 30 hibitions existing under this Ordinance. days. If the source has not been sealed or the circumstances requiring the sealing remedied, the Section 902. VIOLATIONS OF SEALING Director shall send a second written notice to the PROVISIONS person requiring the emission source to be sealed, A person who is directed to seal an emission and shall follow up this notice by sealing the source and fails to do so, shall be in violation of emission source until such time as corrective this Ordinance. A person shall not cause or permit measures are undertaken. The notice shall inform an emission source which has been sealed to be the person of the right to appeal the Director's unsealed, used, or operated. decision under Chapter 14.

24 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 16 of 20 (11/18/1985) Chapter 11 TESTING AND SAMPLING

Section 1101. INCORPORATED STATE RULES Section 1102. TEST REQUIREMENTS The following Michigan Rules, as promulgated A. Source Testing. on February 22, 1985, are incorporated by reference and made a part hereof. For purposes of Unless otherwise specified by the Division, this Ordinance, the term "Division" shall replace emission tests shall be conducted, and test results the term "commission" wherever it appears in submitted, in accordance with the Division's such incorporated rules. "Requirements for Emission Source Testing" (Appendix A). The Division may modify or adjust A. Rule 1001. such emission tests, based upon good practice, judgment, and experience, in order to accommo­ "Performance Tests By Owner;" AACS R date specific sampling needs or conditions. 336.2001. B. Visible Emissions. Emission tests for particulate emissions shall B. Rule 1002. include an evaluation of visible emissions associ­ ated with the emission source during each "Performance Tests By Commission;" AACS sampling period. R 336.2002. C. Emission Data. Nothing in this Chapter renders data on the C. Rule 1003. quantity or quality of emissions from any source "Performance Test Criteria;" AACS R confidential. The data or amount and nature of 336.2003. emissions from each source shall be public.

26 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 17 of 20 (11/18/1985) Chapter 12 CONTINUOUS EMISSION MONITORING AND RECORDING

Section 1201. INCORPORATED STATE source to install, maintain and use em1ss1on RULES recording monitoring devices and to make periodic reports to the Division on the nature and All of the Michigan Part 11 Rules, as promul­ amounts of such emissions. Such reports shall gated on February 22, 1985, dealing with con­ become a public record. Failure to comply with tinuous emission monitoring, are hereby incorpo­ the Division's request shall be deemed to be a rated by reference and made a part hereof; AACS violation of this Ordinance. R 336.2101 through R 336.2199. For purposes of this Ordinance, the term "Division" shall replace the term "commission" wherever it ap­ pears in such incorporated rules. Section 1203. MONITORING EQUIPMENT SPECIFICATIONS Unless otherwise specified by the Division, all Section 1202. OTHER CONTINUOUS EMIS­ monitoring and recording equipment installed SION MONITORING AND pursuant to the requirements of this Chapter shall REQUIREMENTS conform with the specifications contained in the Notwithstanding Section 1201, the Division Division's "Requirements for Continuous Emis­ may require the owner or operator of an emission sion Monitoring and Recording" (Appendix D).

27 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 18 of 20 (11/18/1985) Chapter 13 AIR POLLUTION EPISODES

Section 1301. INCORPORATED STATE RULES State Rule 1304 have occurred, the AND DECLARATION OF Health Officer may declare an air pollu­ EPISODES tion warning.

A. Incorporated Rules. 4. If the Division, after consultation with the Air Division, Michigan Department of The following Michigan Rules, as promulgated on February 22, 1985, are incorporated by Natural Resources, determines the condi­ reference and made a part hereof. For purposes of tions described in incorporated State Rule 1305 have occurred, the Health Officer this Ordinance, the term "Division" shall replace may declare an air pollution emergency. the term "commission" wherever it appears in such incorporated rules. Section 1302. EPISODE EMISSION ABATE­ l. Rule 1301. MENT PROGRAMS "Definition of air pollution episode;" A. Programs. AACS R 336.2301. A person responsible for the operation of a 2. Rule 1302. source that emits 0.25 or more tons per day of air "Definition of air pollution forecast;" contaminants for which ambient air quality stand­ AACS R 336.2302. ards have been adopted shall prepare an episode emission abatement program, consistent with 3. Rule 1303. good operational practice and safe operating "Definition of air pollution alert;" AACS procedures, for reducing the emission of air R 336.2303. contaminants into the outer air during periods of an air pollution alert, warning, or emergency. An 4. Rule 1304. episode emission abatement program shall be "Definition of air pollution warning;" designed to reduce or eliminate emission of air AACS R 336.2304. contaminants into the outer air in accordance with the objective of reducing levels of air 5. Rule 1305. contaminants below the alert level. The Division "Definition of air pollution emergency;" may require that an episode emission abatement program be prepared for any emission source AACS R 336.2305. which does not meet the above minimum emis­ sion rate if the Division reasonably believes the B. Declaration of Air Pollution Episodes. program is necessary for abatement of an air pollution episode. I. lf the Division, after consultation with the Air Quality Division, Michigan Depart­ B. Program Requirements. ment of Natural Resources, determines the conditions described in incorporated A program required under subsection 1302.A State Rule 1302 have occurred, the shall be in writing and shall show the source of air Health Officer may declare an air pollu­ contaminants, the approximate time required to tion forecast. effect the program, a brief description of the manner in which the reduction shall be achieved 2. If the Division, after consultation with the during each level of an air pollution episode and Air Quality Division, Michigan Depart­ such other information deemed appropriate. A ment of Natural Resources, determines program shall be submitted to the Division upon the conditions described in incorporated its request and shall be subject to its review and State Rule 1303 have occurred, the approval. If, in the opinion of the Division, the Health Officer may declare an air pollu­ program does not effectively carry out the ob­ tion alert. jectives as set forth in subsection 1302.A, the 3. If the Division, after consultation with the Division may disapprove the program, state its Air Quality Division, Michigan Depart­ reasons for disapproval, and request the prepara­ ment of Natural Resources, determines tion of an amended program within a time period the conditions described in incorporated specified in the request. If an amended program is

28 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 19 of 20 (11/18/1985) submitted which, in the opinion of the Division, declared, the owner or operator of the affected fails to meet the objectives, the Division on its emission source that is located in the impacted own initiative may amend the program to meet area shall immediately notify the Division of any the objectives. The amended program shall there­ malfunction in control equipment for such after be the episode emission abatement program source. The notice shall include the type of air for the affected source. contaminants being released, the approximate normal operating conditions, and the approxi­ I. Administer oaths and affirmations and mate time required to complete repairs on the take affidavits; control equipment. After reviewing the informa­ tion, the Division may issue a new or an amended 2. Examine witnesses and receive docu­ episode emission abatement program for that mentary or other evidence; source. 3. Admit or exclude evidence; 4. Regulate the course of hearings, set the C. Alert, Warning, Emergency. time and place for continued hearings and When an air pollution alert, warning, or fix the time for filing for any documents; emergency has been declared, the Division shall and notify the owner or operator of the affected 5. Do all other acts and take all measures emission source to immediately implement the necessary for the maintenance of order episode emission abatement program for that and for the efficient, fair and impartial source. adjudication of issues on appeal. D. Health Officer Orders. C. Program Availability. When an air pollution alert, warning, or emergency is declared, the Health Officer may During a condition of air pollution forecast, issue orders: alert, warning, or emergency, an episode emission abatement program as required by subsection 1302.A shall be made available at the emission I. Prohibiting the use of incinerators for the source location to any person authorized to disposal of solid or liquid waste; en force the prov1s10ns of the Division's 2. Prohibiting open burning by persons of emergency procedure. tree waste, vegetation, refuse, or debris in any form; D. Annual Review 3. Prohibiting persons from operating fuel­ A person owning or operating an emission burning equipment which requires boiler­ source with an approved episode emission abate­ lancing or -blowing between the hours ment program shall review such program annually of 12:00 noon and 4:00 p.m., unless an and submit any changes to the Division by alternate schedule acceptable to the Divi­ December 31 of each year. If in the judgment of sion has been submitted; the Division these changes are substantive, an 4. Discouraging the use of motor vehicles to amended program may be requested by the Division. the maximum extent possible.

E. Governor Orders. Section 1303. EPISODE ORDERS When an air pollution emergency is declared, A. Episodes. the Health Officer may request the Governor to issue orders: When an air pollution episode has been declared, the Director, or his authorized agent, 1. Requiring manufacturing establishments shall notify and order the owner or operator of not included in Section 1302 to institute the affected emission source to implement the actions required by the Division that shall applicable episode emission abatement program. result in a maximum reduction of the necessary air contaminants; 2. Prohibiting the use of motor vehicles, B. Notice of Malfunction. except in personal and public emergen­ When an air pollution episode has been cies.

29 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 20 of 20 (11/18/1985)