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Acid Rain Permits (Title IV)

The Air Quality Division of the Department of Environment, Great Lakes, and Energy, (EGLE) 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.


Phase II Acid Rain Permit


Federal Clean Air Act,Title IV


Part 2. Air Use Approval (R 336.1229 2(a))


 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: 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


 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 EGLE Calendar.


Air Quality Division, Michigan Department of Environment, Great Lakes, and Energy. P.O. Box 30260, Lansing, Michigan 48909

  • Program Phone: 517-780-7843


Creation/Revision Date: