The Air Quality Division is phasing out the registration program for limiting potential to emit by rescinding Administrative Rule 208a of Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The rescission is expected to be finalized by mid-2015.
Once Rule 208a is rescinded, the Rule 208a annual renewal registration process limiting potential to emit based on actual emissions will no longer be available as a legally enforceable restriction on potential to emit. The proposed rescinding of Rule 208a by the AQD will require one of the following three actions for any source currently utilizing this rule in order to remain in compliance with Michigan Air Pollution Control Rules. One of the three options must be selected and implemented prior to the rule rescission date. These options were conveyed in a letter to sources who registered in 2014. These options include:
a. Obtain legally enforceable emission limits below the major source thresholds specified in R 336.1211(1)(a) by submitting an application for a Permit to Install (PTI) to the AQD Permit Section in Lansing. An application form and instructions are available at:
http://www.deq.state.mi.us/aps/nsr_information.shtml#AUP
b. Demonstrate that the potential to emit of the stationary source does not exceed any major source emission threshold specified in R 336.1211(1)(a). Submit the demonstration to the appropriate AQD District Office. Information on potential to emit is available on the DEQ, AQD website at:
http://www.michigan.gov/deq/0,4561,7-135-3310_70487-112202--,00.html
c. Retain the stationary source’s potential to emit above the major source thresholds and notify the appropriate AQD District Office. An ROP application must then be submitted to the District Office within twelve months of the date that Rule 208a is rescinded. However, the stationary source may be subject upon the date of the Rule 208a rescission to other applicable federal requirements, including standards promulgated under section 112 of the Federal Clean Air Act. ROP application information and instructions are available at the following website under Initial ROP Applications:
http://www.deq.state.mi.us/aps/downloads/rop/ROPforms/rop_forms.shtml
Please be advised that the selected alternative option must be in place prior to the rule rescission. If a company has not yet taken action to find an alternative to Rule 208a registration, please contact the appropriate district office immediately.
