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The Air Quality Division (AQD), within the Michigan Department of Environmental Quality (DEQ), is responsible for issuing Renewable Operating Permits to ensure that all applicable air pollution control requirements for a "major source" are consolidated and clarified in a single, comprehensive document.
A. NAME OF PERMIT OR APPROVAL:
Air Quality Renewable Operating Permit (ROP) (a.k.a. Title V Permit)
B. STATUTORY AUTHORITY:
Federal Clean Air Act, P.L. 101-549 of 1990, Title V
Part 55, Air Pollution Control, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended
C. APPLICABLE REGULATION:
Code of Federal Regulations 40 CFR, Part 70
Michigan Administrative Code, Rules Administered by MDEQ, AQD
Part 2, Air Use Approval (R 336.1201 - R 336.1299)
D. MICHIGANBUSINESS ONE STOP:
The Michigan Business One Stop (One Stop) www.michigan.gov/business is a tool designed to allow businesses to interact with the State of Michigan. The tool offers:
- a set of screening questions based upon your business sector to identify permits, licenses and registrations that may be required to do business in Michigan.
- an option to pay fees online. For many programs, you can pay your business license fee in One Stop through use of an online form and shopping cart.
- many online permit applications and renewals. When starting a new business and registering in One Stop, you will need to identify a business sector (also known as a NAICS Code). You can find your code at www.naics.com, select "Code Search." After entering this code in One Stop and answering some screening questions, links to relevant permit applications will automatically be available in your newly created workspace. One benefit of accessing applications through One Stop is that you will receive status messages throughout the application process.
Using the One Stop provides many benefits to businesses in Michigan. By conducting your business through One Stop you can organize your State of Michigantransactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Centerat 877-766-1779; they are open from 7 am to 6 pm. One Stop is a valuable tool that offers many benefits to business. We hope you give it a try.
E. SUMMARY OF PERMIT/APPROVAL PROCESS: 1. Applicability (activities that require the permit)
All "major sources" and certain other sources as described in R 336.1211.
2. Pre-Application Requirements
Application must address all applicable requirements from state and federal air pollution control requirements, including state rules, permits, and orders, and federal requirements including New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs).
3. Application Submission Requirements
- For an initial application, an administratively complete application must be received by the AQD within 12 months of becoming a "major source"
- For a renewal application, an administratively complete application must be received by the AQD not more that 18 months, but not less than 6 months, before the expiration date of the current ROP
4. Procedures and Time-Frame for Obtaining Permit or Approval
- Application is reviewed for administrative completeness
- The AQD district staff conduct technical review of application (technical review does not begin until the application is determined to be administratively complete)
- Draft Permit is prepared
- Applicant is allowed 30 days to review and comment on the draft ROP
- Permits must go through a 30-day public comment period and public hearing, if necessary
- Proposed ROP is prepared
- Proposed ROP is transmitted to the U.S. Environmental Protection Agency (US EPA) for review. The review period last for 45 days.
- If the US EPA does not provide comments after 45 days, the proposed ROP can be issued as final ROP
- If the US EPA objects, in writing, to the proposed ROP before the end of the 45-day review period, the ROP is not issued until the objection has been resolved
5. Operational Requirements
- Any deviations from conditions in the ROP must be reported promptly to the AQD. Prompt reporting is defined in R 336.1213(3)(c)(ii).
- A certified report of all instances of deviations from permit requirements must be submitted to the AQD semi-annually, or more frequently if required, for the reporting period
- A certification of compliance must be submitted annually to the AQD
- An ROP must be renewed every 5 years. A timely application for renewal of an ROP must be received by the AQD at least 6 months, but not more than 18 months, prior to the expiration of the term of the existing ROP.
6. Fees
An emission-based fee system to cover the costs of this program is provided in Act 451, Part 55, Section 5522.
7. Appeal Process
An owner or operator of an existing source that is required to obtain an ROP may file a petition with the department for review of the denial of his or her application for such a permit; the revision of any emissions limitation, standard, or condition; or a proposed revocation of his or her permit. The review will be conducted pursuant to the contested case and judicial review procedures of the Administrative Procedures Act of 1969, PA 306 of 1969.
8. Public Input Opportunities
The decision maker in this process is the Air Quality Division District Supervisor. There is a formal public input process that includes public notice in the DEQ Calendar. For controversial permits, notice is also provided in local newspapers. There is a 30 day public comment period which is the best opportunity for public input. Public hearings are held upon request.
F. ADMINISTERING AGENCY:
Air Quality Division, Michigan Department of Environmental Quality, P.O. Box 30260, Lansing, Michigan 48909
- Program Phone: 517- 373-7023
- MDEQ Assistance Center: 1-800-662-9278
or
Contact the Customer Assistance Center
Creation/Revision Date:
Septemeber 2010
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