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Rule 810

a gavel hitting a wooden pedestal
Environment, Great Lakes, and Energy

Rule 810

Contact

Robert Irvine, Air Quality Division
IrvineR@Michigan.gov
517-648-7367

In October 1998, EPA finalized a rule addressing the regional transport of ground-level ozone by reducing emissions of oxides of nitrogen, commonly known as NOx.  These compounds are precursors to ozone formation.  This rule is commonly known as the "NOx State Implementation Plan (SIP) Call."  This led to the to the creation of the NOx Budget Trading Program (NBTP) and to the creation of the Part 8 rules.  Since then, EPA has updated the NBTP to the Clean Air Interstate Rule (CAIR) which was later replaced by the Cross State Air Pollution Rule (CSAPR).  Both the NBTP and CAIR included both electric generating units (EGUs) and non-EGUs.  However, CSAPR only includes EGUs and so all non-EGUs are required to comply with the NOx SIP Call requirements.

Who is subject?

On March 8, 2019, EPA issued a final rule revising some of the regulations that were promulgated in 1998 to implement the NOx SIP Call. These revisions allow states to set alternative monitoring requirements for sources that are subject to the NOx SIP Call that the states must include in their SIPs for these subject sources. Michigan currently has seven sources that have 15 units subject to the NOx SIP Call and a statewide budget of 2,209 tons of NOx for these subject sources. Over the past few years, these units have collectively emitted approximately 200 tons of NOx annually but have potential emissions nearer 1800 tons. To address this, Michigan promulgated Rules 802 to 810, which create a NOx benchmark allocation for non-electric generating units that are subject to the NOx SIP Call, but not to the CSAPR.

Source Name State Registration No. County Unit Name Benchmark
Appointment (tons)		 Source Total (tons)
Consumers Energy - Dan E. Karn B2840
 Bay AuxA 110 220
Consumers Energy - Dan E. Karn B2840 Bay AuxB 110 220
Cortiva Agriscience P1028 Midland EUBOILER21 99 198
Cortiva Agriscience P1028 Midland EUBOILER22 99 198
Graphic Packaging B1678 Kalamazoo BLR09 67 67
Marathon Petroleum Company LP A9831 Wayne EU27-B&WBOILER-1S1 92 92
Michigan State University K3249 Ingham EU-2-Unit 1 167 562
Michigan State University K3249 Ingham EU-2-Unit 2 167 562
Michigan State University K3249 Ingham EU-2-Unit 3 167 562
Michigan State University K3249 Ingham EU-2-Unit 4 169 562
Ostego Paper, Inc A0023 Allegan EUTURBINE1 88 88
Ostego Paper, Inc A0023 Allegan EUTURBINE2 88 88
University of Michigan M0675 Washtenaw B0260-03 159 384
University of Michigan M0675 Washtenaw B0260-04 159 384
University of Michigan M0675 Washtenaw B0260-06 66 384
Total for existing sources <1699*
New Sources 510

Total <2209**
*per Rule 810(2)(a)
**per Rule 810(1)
  • The ozone control period is from May 1 to September 30 as defined in Rule 803(v).
  • Owner or operator of NOx Budget unit must report information listed in Rule 810(4), including total NOx season emissions by November 1 of each year. 
  • Subject sources may use monitoring methodologies in 40 CFR Part 60 or 40 CFR Part 75 to comply or apply to use alternative monitoring and recordkeeping methods under Rule 810(3)(c) to comply. 
  • This information was last updated on September 12, 2023.

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