The Air Quality Division (AQD), within the Michigan Department of Environmental Quality (DEQ), is responsible for issuing Permits to Install to assure that all new or modified sources of air pollution will not have a detrimental impact on human health, human welfare, or the environment and will comply with all applicable state and federal requirements.
A. NAME OF PERMIT OR APPROVAL:
(Air) 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:
Michigan Air Pollution Control Rules, R 336.1201 (Rule 201)
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
An Air Permit may be required for an installation, construction, reconstruction, relation, 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, view the "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, 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, contact the Clean Air Assistance Program at 800-662-9278 to get direct answers to applicability questions.
Applicants 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. Applicants 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. Applicants may refer to the following checklist as a tool to ensure they have an administratively complete application.
Applicants must submit three (3) copies of the signed permit application form and two (2) copies of any attachments (i.e., supporting information) specified in the rules and directions for completing a permit application.
General Permits to Install 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's General Permit to Install website.
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.
(MAPC Rule 201(7)).
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. (MAPC Rule 201(7)).
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.
The decision-maker in this process is the Permit Section supervisor unless the permit action is controversial in which case the decision making is elevated to the Director or Assistant Division Director 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 Permits to Install website.
E. ADMINISTERING AGENCY:
Air Quality Division, Michigan Department of Environmental Quality, P.O. Box 30260, Lansing, Michigan 48909