Air Quality Renewable Operating Permit (ROP)

Agency: Environment, Great Lakes, and Energy

The Air Quality Division (AQD), within the Michigan Department of Environment, Great Lakes, and Energy (EGLE), is responsible for issuing Renewable Operating Permits to ensure that all applicable air pollution control requirements for a "major source" are consolidated and clarified in a single, comprehensive document.


A. NAME OF PERMIT OR APPROVAL: 

Air Quality Renewable Operating Permit (ROP, a.k.a. Title V Permit)

B. STATUTORY AUTHORITY: 

Federal Clean Air Act, P.L. 101-549 of 1990, Title V

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

C. APPLICABLE REGULATION: 

Code of Federal Regulations 40 CFR, Part 70

Michigan Administrative Code, Rules Administered by EGLE, AQD 

 Part 2, Air Use Approval (R 336.1210 – R. 336.1219, R 336.1299) and Part 9, Emission Limitations and Prohibitions – Miscellaneous (R. 336.1912)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:
 
1.  Applicability (activities that require the permit)


All "major sources" and certain other sources as described R 336.1211.

2.  Pre-Application Requirements

Application must address all applicable requirements from state and federal air pollution control requirements, including state rules, permits, and orders, and federal requirements including New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs).

3.  Applications Submission Requirements

  • For an initial application, an administratively complete application must be received by the AQD within 12 months of becoming a "major source" or otherwise subject to the ROP program.

  • For a renewal application, an administratively complete application must be received by the AQD not more than 18 months, but not less than 6 months, before the expiration date of the current ROP.

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

  • Application is reviewed for administrative completeness

  • The AQD district staff conduct technical review of application (technical review does not begin until the application is determine to be administratively complete)

  • Draft Permit is prepared

  • Applicant is allowed 30 days to review and comment on the draft ROP

  • Draft ROPs must go through a 30-day public comment period as well as public hearing, if necessary

  • Proposed ROP is prepared

  • Proposed ROP is transmitted to the U.S. Environmental Protection Agency (US EPA) for review.  The review period is 45 days.

  • If the US EPA does not provide comments after 45 days, the proposed ROP can be issued as final ROP

  • If the US EPA objects, in writing, to the proposed ROP before the end of the 45-day review period, the ROP Is not issued until the objection has been resolved.
     

5.  Operational Requirements

  • Any deviations from conditions in the ROP must be reported promptly to the AQD. Prompt reporting is defined in R 336.1213(3)(c)(ii).

  • A certified report of all instances of deviations from permit requirements must be submitted to the AQD semi-annually, or more frequently if required, for the reporting period

  • A certification of compliance must be submitted annually to the AQD

  • An ROP must be renewed every five (5) years. A timely application for renewal of an ROP must be received by the AQD at least six (6) months, but not more than 18 months, prior to the expiration of the term of the  existing ROP.

6.  Fees
An emission-based fee system to cover the costs of this program is provided in Act 451, Part 55, Section 5522.

7.  Appeal Process 

An owner or operator of an existing source that is required to obtain an ROP may file a petition with the department for review of the denial of his or her application for such a permit; the revision of any emissions limitation, standard, or condition; or a proposed revocation of his or her permit. The review will be conducted pursuant to the contested case and judicial review procedures of the Administrative Procedures Act of 1969, PA 306 of 1969.

8.  Public Input Opportunities 

The decision maker in this process is the Air Quality Division District Supervisor. There is a formal public input process that includes public notice in the EGLE Calendar and on the AQD Recent Actions Internet Page. For permits, of significant interest, notice is also provided in local newspapers.  There is a 30-day public comment period which is the best opportunity for public input.  Public hearings are held upon request.  Any person may also petition the US EPA to make an object regarding an ROP.  The petition must be filed no more than 60 days after the expiration of the 45-day review period. 

 
E.  ADMINISTERING AGENCY: 

EGLE, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909

Revision Date:

August 2019