Air Quality Permit to Install

A. NAME OF PERMIT OR APPROVAL:   

(Air Quality) Permit to Install

B. STATUTORY AUTHORITY:   

Part 55, Air Pollution Control, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:   

MichiganAir Pollution Control Rules, R 336.1201 (Rule 201)  

 1.  Applicability (activities that require the permit)  

Installation, construction, reconstruction, relocation, or modification of any process or process equipment, including control equipment pertaining thereto, which may emit an air contaminant, except for a process or process equipment exempted from this requirement under R 336.1279 through R 336.1290 of the Michigan Air Pollution Control Rules. To obtain a list of the exemptions, go to www.michigan.gov/deqenvassistanceand select "Clean Air Assistance," "Air Permits (Permit to Install)," and then "Permit to Install: Exemption Handbook."

Examples of sources requiring an air permit include, but are not limited to, chemical plants, automotive coating operations, foundry operations, incinerators, asphalt plants, gravel and mining operations, power plants, furniture manufacturing, etc.

For additional assistance on determining what process equipment or activity requires a Permit to Install, go to www.michigan.gov/deqenvassistanceand select "Clean Air Assistance," "Air Permits (Permit to Install)" and then "Permit to Install: Determining Applicability Guidebook." Also, you can contact the Environmental Assistance Program at (800) 662-9278 to get direct answers to applicability questions.

 2.  Pre-Application Requirements  

Applicant must comply with the DEQ Rules, the Federal New Source Review Prevention of Significant Deterioration Regulations, the Federal New Source Performance Standards, the Federal National Emission Standards for Hazardous Air Pollutants, and any other requirements of the Federal Clean Air Act. Applicant must also demonstrate that emissions from the proposed process will not cause a violation of federal National Ambient Air Quality Standards or state standards for toxic air contaminants.

 3.  Application Submission Requirements  

Applicants must submit a signed permit application form and the information that is specified in the rules and directions for completing a permit application.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval  

• Application (EQP 5615 or EQP 5615E) is reviewed for administrative completeness  

• Application is assigned to an engineer for technical review (technical review does not begin until the application is determined to be administratively complete)

• Draft permit is prepared  

• Some permits must go through a 30-day public comment period and, if requested, a public hearing  

• Most applications are processed within 60 days of receipt of a technically complete application, unless the application has to go out for public comment. Applications that go out for public comment are usually processed within 120 days of being technically complete

General permits are available for some industrial processes. General permits are issued within 30 days of receipt of a complete general permit application. General permits are available for the following source categories: propane or natural gas-fired boilers; natural gas-fired burn-off ovens; coating lines emitting no more than 10 tons per year of volatile organic compounds; non-metallic mineral crushing facilities; remediation processes; diesel fuel-fired engine generators; anhydrous ammonia storage and handling; and ethylene oxide sterilizers. More information regarding general permits can be obtained from the AQD website at www.michigan.gov/deqair.  

 5.  Operational Requirements  

A notification of the completion of the activity must be sent to the AQD not more than 30 days after completion of the installation, construction, reconstruction, relocation, or modification authorized by the Permit to Install, unless a different time period is specified in the Permit to Install.

Within 18 months after completion of the installation, construction, reconstruction, relocation, or modification authorized by the Permit to Install, a compliance status report must be submitted in writing to the AQD.

  6.  Fees  

None  

 7.  Appeal Process  

Any person may appeal the issuance or denial by the department of a Permit to Install, a general permit, or a permit to operate for a new source in accordance with section 631 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961. Petitions for review shall be the exclusive means to obtain judicial review of such a permit and shall be filed within 90 days after the final permit action, except that a petition may be filed after that deadline only if the petition is based solely on grounds arising after the deadline for judicial review. Such a petition shall be filed no later than 90 days after the new grounds for review arise.

For permits to install issued pursuant to federal Prevention of Significant Deterioration regulations and in accordance with the procedures listed in 40 CFR 124.19: persons who commented during the permit's public notice period may petition the federal Environmental Appeals Board for review of the permit decision.

 8.  Public Input Opportunities  

The decision maker in this process is the Permit Section Chief unless the permit action is controversial in which case the decision making is elevated to the Chief or Assistant Division Chief of Air Quality Division. The decision making can be elevated to the DEQ Director when considering controversial decisions that have significant policy impact; however, this is rare. The public involvement process is formal and consists of public notice in local newspaper(s), the DEQ Calendar and the program website. A formal 30 day public comment period is provided; an extension may be granted upon formal request. The public comment period is the best time for public input. Hearings are scheduled when requested and also when the permit action is perceived as controversial by the AQD, Permits Section. Permit status and additional information can be obtained on the AQD website at www.michigan.gov/deqair.

E. MICHIGANBUSINESS ONE STOP:   

The Michigan Business One Stop (One Stop) www.michigan.gov/businessis 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.

F. ADMINISTERING AGENCY:   

Air Quality Division, Michigan Department of Environmental Quality, P.O. Box 30260, Lansing, Michigan 48909

• Program Phone: 517-373-7023   

• Program Webpage: www.deq.state.mi.us/aps/   

• DEQ  Assistance  Center: 1-800-662-9278  

or

Contact the Customer Assistance Center

Creation/Revision Date:

November 2011