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The Air Quality Division of the Michigan Department of Environmental Quality, (DEQ) issues Phase II Acid Rain Permits pursuant to Title IV of the federal Clean Air Act to some electric facilities with electric generating units (EGU), which sell electricity to the grid and burn fossil fuel.
A. NAME OF PERMIT OR APPROVAL:
Phase II Acid Rain Permit
B. STATUTORY AUTHORITY:
Federal Clean Air Act,Title IV
C. APPLICABLE REGULATION:
Part 2. Air Use Approval (R 336.1229 2(a))
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit)
The EGUs that sell electricity to the grid and burn fossil fuel may be required to obtain and operate in compliance with a Phase II acid rain permit, pursuant to Title IV of the federal Clean Air Act. EGUs that have a nameplate capacity of less than 25 MW and burn a fuel with an annual average sulfur content of less than 0.05 percent are exempt from Title IV.
2. Pre-Application Requirements
The applicant must follow the conditions in the acid rain permit application until the permit is issued. The conditions in the application are then incorporated into the acid rain permit.
3. Application Submission Requirements
- Acid rain permit applications for new units are required to be submitted 24 months before the unit commences operation
- Renewal acid rain permit applications and NOx compliance plans are submitted at the same time as the associated Title V permit (ROP) renewal applications
4. Procedures and Time-Frame for Obtaining Permit or Approval
The application forms for the Acid Rain permit can be found at the United States Environmental Protection Agency (U.S. EPA) Clean Air Market Division website at: www.epa.gov/airmarkets/business/forms.html.The acid rain permit must go through a 30-day public comment period followed by a U.S. EPA 45-day review period. Acid rain permits are issued at the same time as facility's Title V (ROP) permit.
5. Operational Requirements
The affected unit shall hold allowances, as of the allowance transfer deadline, in the unit's compliance subaccount not less than the total annual emissions of sulfur dioxide for the previous calendar year from the unit and comply with the applicable Acid Rain emissions limitation for sulfur dioxide in accordance with 40 CFR 72.9 (c). If the facility is a coal fired facility, they must have a NOx compliance plan that meets the requirements of 40 CFR Part 76 and is included in the permit and must meet the conditions of that plan.
6. Fees
None
7. Appeal Process
40 CFR Part 78 - Appeal Procedures for Acid Rain Program
8. Public Input Opportunities
The decision maker in this process is the AQD District Supervisor. There is a formal public involvement process, which includes a 30 day public comment period. The comment period is concurrent with the Renewable Operating Permit (Chapter 5.1.2) comment period for the facility. Public notice is provided in the DEQ Calendar.
E. MICHIGAN BUSINESS 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 Michigan transactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Center at 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: 517-780-7843
or
Contact the Customer Assistance Center
Creation/Revision Date:
September 30, 2010
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