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The operating permits program is a national permitting system required
by Title V of the Federal Clean Air Act of 1990 and is administered by each state. In
Michigan, these permits are known as "Renewable Operating Permits" and are often
referred to as "ROPs".
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Each "major source" is subject to Title V. Major sources
emit or have the potential to emit 10 tons per year of any one hazardous air pollutant
(HAP), 25 tons per year of any combination of HAPs, or 100 tons per year of any other
regulated air contaminant (see Rule 211). Certain categories that have
lower thresholds for an "area source" standard are also required to get an
ROP.
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The public will be better informed by the ROP process about what
is required of sources of pollution in their neighborhoods.
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The program clarifies regulations at the source by including all of
the requirements dealing with air emissions into one permit and ensures that the source
knows all applicable air pollution control requirements.
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The program does not determine any new emission limits or standards.
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The program requires that activities to evaluate compliance including
testing, monitoring, recordkeeping and reporting be conducted at the source.
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The program requires that all problems be formally reported twice a
year at a minimum. A designated "responsible official" must certify that all
of the information in the report is true, accurate and complete.
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Facilities with ROPs are required to pay annual emission fees to the State of Michigan.
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A subject source must submit an administratively complete application
to AQD.
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AQD has 15 days to review electronic applications and 60 days to
review paper applications for administrative completeness.
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AQD staff prepare a working draft permit and a staff report identifying
the applicable requirements and the basis for the permit terms and conditions.
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The applicant is allowed to review and comment on the working draft
permit prior to a 30-day public comment.
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AQD staff prepare a draft permit and a staff report that incorporates
any
comments from the applicant.
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A 30-day public comment period, and in some cases a public hearing,
is held for the draft ROP. The 30-day public notice is published in the DEQ Calendar
and on the AQD's "Recent
Actions" webpage.
The public notice provides not less than 30 days for public comment and gives notice of
any public hearing not less than 30 days in advance of the hearing.
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The AQD district office keeps a record of the comments and the
issues raised during the 30-day public comment.
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AQD staff reviews all comments made during 30-day public comment and
prepares a proposed ROP and an addendum to the staff report.
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A copy of the complete application, proposed ROP and staff report is transmitted to the United States Environmental Protection
Agency (US EPA) for 45-day review.
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If substantial changes are made to the proposed ROP, the applicant is
allowed to review and comment on the changes.
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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.
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The final decision to issue or deny an ROP is made by the AQD
decision-maker.
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A person aggrieved by the final decision may appeal the decision. Any
person may also petition the US EPA to make an objection regarding an ROP. The petition
must be filed no more than 60 days after the expiration of the 45-day review period.
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The ROP is issued for 5 years and must be renewed following the same
procedure listed above.
