Mich. Admin. Code R. 336.1201 - Permits to install
Rule 201.
(1) Except
as allowed in
R
336.1202,
R 336.1277 to R 336.1291, or
R 336.2823(15) a
person shall not install, construct, reconstruct, relocate, or modify any
process or process equipment, including control equipment pertaining thereto,
which may emit any of the following, unless a permit to install that authorizes
such action is issued by the department.
(a)
Any air pollutant regulated by title I of the clean air act and its associated
rules, including
40 C.F.R. §
51.165 and § 51.166, adopted by
reference in
R
336.1902.
(b) Any air contaminant.
A person who plans to install, construct, reconstruct, relocate, or modify any such process or process equipment shall apply to the department for a permit to install on an application form approved by the department and shall provide the information required in R 336.1203.
(2) The department may issue a permit to
install for any of the following reasons:
(a)
To authorize a person to install, construct, reconstruct, relocate, or modify a
process or process equipment pursuant to subrule (1)(a) of this rule.
(b) To establish limits on potential to emit.
The limits shall comply with the provisions of
R
336.1205(1)(a).
(c) To consolidate terms and conditions from
existing permits to install within a renewable operating permit pursuant to
R 336.1214a.
(d) To authorize a person to install,
construct, reconstruct, relocate, or modify process or process equipment solely
pursuant to subrule (1)(b) of this rule or to consolidate state-only
enforceable conditions within a renewable operating permit when the renewable
operating permit is issued pursuant to
R 336.1214a. This permit may
establish terms and conditions that are legally enforceable solely pursuant to
R 336.1224 to R 336.1233,
R 336.1901, or other regulations
that are not federally enforceable. Each condition in a permit issued pursuant
to this subrule shall be identified as state-only enforceable.
(3) A permit to install may be
approved subject to any condition, specified in writing, that is reasonably
necessary to assure compliance with all applicable requirements.
(4) If a person decides not to install,
construct, reconstruct, relocate, or modify the process or process equipment as
authorized by a permit to install, then the person, or the authorized agent
pursuant to
R
336.1204, shall notify the department, in writing, and
upon receipt of the notification by the department, the permit to install shall
become void. If the installation, reconstruction, or relocation of the
equipment, for which a permit has been issued, has not commenced within, or has
been interrupted for, 18 months, then the permit to install shall become void,
unless either of the following occurs:
(a)
The permit to install specifies a termination date of more than 18
months.
(b) The permit to install
is the subject of a formal appeal by a party other than the owner or operator
of the process or process equipment that is the subject of the permit, in which
case the date of termination is not later than 18 months after the effective
date of the permit plus the number of days between the date on which the permit
was appealed and the date on which all appeals concerning the permit have been
resolved.
(5) Upon
issuance of a permit to install, the emissions from the process or process
equipment allowed by the permit to install shall be included in the potential
to emit of the stationary source. Upon the physical removal of the process or
process equipment, or upon a determination by the department that the process
or process equipment has been permanently shut down, the permit to install
shall become void and the emissions allowed by the permit to install shall no
longer be included in the potential to emit of the stationary source.
(6) Except as provided in subrule (8) of this
rule and
R 336.1216, operation of the process
or process equipment is allowed by the permit to install. The department may
void a permit to install upon any of the following actions:
(a) A new permit to install authorizing the
action is approved by the department in accordance with subrule (2)(a), (b), or
(d) of this rule, and the new permit to install renders all portions of the old
permit obsolete.
(b) All terms and
conditions of the permit to install are incorporated into a renewable operating
permit, in accordance with the provisions of
R 336.1212(5) and
R
336.1213, and a source-wide permit to install is
issued pursuant to
R 336.1214a.
(c) All of the emission units, processes, or
process equipment covered by the permit to install are physically removed from
the stationary source or the department makes a determination that the emission
units, processes, or process equipment covered by the permit to install have
been permanently shut down.
(7) The department may require either or both
of the following notification requirements as a condition of a permit to
install:
(a) Not more than 30 days after
completion of the installation, construction, reconstruction, relocation, or
modification authorized by the permit to install, unless a different period is
specified in the permit, the person to whom the permit to install was issued,
or the authorized agent pursuant to
R
336.1204, shall notify the department, in writing, of
the completion of the activity. Completion of the installation, construction,
reconstruction, relocation, or modification is considered to occur not later
than commencement of trial operation of the process or process
equipment.
(b) Within 12 months
after completion of the installation, construction, reconstruction, relocation,
or modification authorized by the permit to install, or 18 months after the
effective date of this rule, whichever is later, unless a different period is
specified in the permit to install, the person to whom the permit to install
was issued, or the authorized agent pursuant to
R
336.1204, shall notify the department, in writing, of
the status of compliance of the process or process equipment with the terms and
conditions of the permit to install. The notification shall include all of the
following:
(i) The results of all testing,
monitoring, and recordkeeping performed by the stationary source to determine
the actual emissions from the process or process equipment and to demonstrate
compliance with the terms and conditions of the permit to install.
(ii) A schedule of compliance for the process
or process equipment.
(iii) A
statement, signed by the owner or operator, that, based on information and
belief formed after reasonable inquiry, the statements and information in the
notification are true, accurate, and complete.
(8) If evidence indicates that the process or
process equipment is not performing in accordance with the terms and conditions
of the permit to install, the department, after notice and opportunity for a
hearing, may revoke the permit to install consistent with section 5510 of the
act. Upon revocation of the permit to install, operation of the process or
process equipment shall be terminated. Revocation of a permit to install is
without prejudice and a person may file a new application for a permit to
install that addresses the reasons for the revocation.
Notes
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