Renewable Operating Permit (ROP) Program
The Renewable Operating Permit (ROP) is required by Title V of the Clean Air Act Amendments of 1990. The ROP program clarifies the requirements that apply to a facility that emits air contaminants. The ROP pulls together all of the requirements into a single document giving the facility, state and local regulatory agencies, the U.S. Environmental Protection Agency (U.S. EPA), and the public a better picture of air emissions at a facility. Thus all Permits to Install and any other applicable air quality requirements will be incorporated into one permit.
A ROP does not add any new requirements; however, many facilities have to establish new monitoring systems to demonstrate compliance with emission limits and material usage limits. Once an emission source receives a ROP, the burden of proof is shifted from the regulatory agency to the emission source. It becomes the emission source's responsibility to determine whether a violation has occurred and report the findings. Therefore, facilities must track their compliance with state and federal air quality requirements and make reports to the regulatory agencies.
Who is subject to the ROP program? Rule 336.1211 of the Michigan Air Pollution Control Rules outlines what sources are subject to the ROP program. All facilities that meet the definition of a "major source" must obtain a ROP (some non-major emission sources are required to obtain a ROP as well; these sources are identified in Michigan Rule 336.1211). The Clean Air Act contains not one, but many definitions of major source. To put it simply, any facility in Michigan that has the potential to emit 10 tons per year of any one hazardous air pollutant (HAP), 25 tons per year of any combination of HAPs, or 100 tons per year of any other regulated air contaminant is considered a major source, and is subject to the ROP program.
It is important to remember that the ROP requirements are dependent upon a facility's potential to emit, not its actual emissions. Potential to emit is the maximum amount of pollutants that the emission units are capable of emitting annually.
The ROP program is different from the Permit to Install program; it does not supersede or replace the Permit to Install requirements. Emission sources not having to apply for a ROP are still required to submit a Permit to Install application when installing or modifying processes that emit air contaminants. Emission sources subject to the ROP program will have their existing and any new Permit to Install conditions folded into the facility's ROP.
The ROP program is administered by the Michigan Department of Environmental Quality (DEQ), Air Quality Division (AQD) District Offices.
Technical Assistance Resources
Life after ROP: Renewable Operating Permit Reporting and Revisions Workbook (11/2005, updated 05/2013) - A practical guide to complying with the responsibilities after ROP issuance.
No substantive changes have been made to the "Life After ROP Workbook." However, it has been updated to reflect that ROP amendments and modifications pursuant to Rule 216 are now being processed by compliance staff. Rule 215 notifications should continue to be sent to the appropriate District office. Rule 216 applications should be submitted to:
MDEQ Air Quality Division, 7953 Adobe Road, Kalamazoo, MI 49009
Also, to address questions that had arisen in the past, the explanatory wording for ROP reporting and compliance certification submittals and ROP revisions was clarified to assist companies in ensuring that all legal requirements are met.
PASS-ROP Workbook: A Practical Guide to Completing an Electronic Renewable Operating Permit Application (April 2008) - New: Chapter 8 of the Workbook has been revised to include streamlined reporting of applicable requirements. A workbook designed to help facilities that are subject to the Renewable Operating Permit (ROP) Program complete an initial application or renew of their existing ROP electronically using the PASS-ROP software.
The workbook takes the reader step-by-step through the ROP application. Each chapter provides important background information pertaining to understanding important terms, using the software, and becoming familiar with the ROP form organization and structure. Additionally, the workbook offers an overview and completion instructions for each of the ROP application forms, along with instructions on submitting, unsubmitting or amending the ROP application.
Environmental Consultant Assistance
For More Information or Additional Assistance, contact the
Environmental Assistance Program at 800-662-9278
Do you have an outreach idea or suggestion for our Program? Please feel free to submit your requests to: David Fiedler.
