The Clean Air Act requires each state to develop a Title V, Renewable Operating Permit (ROP) Program supported by air quality fees. An annual air quality fee program for Michigan, including the specific fee structure, was established by the legislature in 1993. The fee program was reauthorized by Governor Whitmer on September 29, 2023.
The Michigan legislation establishes the following formula for calculating the annual air quality fee for each fee-subject facility:
Annual Fee = Facility Charge + Emissions Charge
A facility charge is used in the fee formula is and based on the classification, or Category, of the facility. The categories were revised during the fee reauthorization and are as follows.