Mich. Admin. Code R. 336.1210 - Renewable operating permits
Rule 210.
(1) A
person shall not operate any emission units located at a stationary source
required to obtain a renewable operating permit under
R 336.1211, except in compliance
with all applicable terms and conditions of a renewable operating permit,
unless a timely and administratively complete application for a renewable
operating permit has been received by the department in accordance with the
provisions of this rule.
The ability to operate the emission units at a stationary source while a timely and administratively complete application is being reviewed and acted upon by the department shall be referred to as the "application shield." The application shield provided by this subrule shall not apply if an application submittal is not timely under the applicable provision of subrules (4) to (10) of this rule, administratively complete under subrule (2) of this rule, or an additional information submittal is not timely or complete under subrule (3) of this rule. The loss of the application shield after the applicable time specified in this rule for a person to have filed a timely and administratively complete application for a renewable operating permit is grounds for enforcement action under the act. Any enforcement action pursuant to loss of the application shield shall consider the time period between the applicable deadline and when a person actually submits the required administratively complete application or additional information.
(2) An application submittal,
including an application submittal for renewal or modification of a renewable
operating permit, shall be considered an administratively complete application
if it contains reasonable responses to all requests for information in the
permit application form required by the department and a certification by a
responsible official which states that, based on information and belief formed
after reasonable inquiry, the statements and information in the application are
true, accurate, and complete. The application form required by the department
shall be consistent with the requirements of section 5507 of the act, except as
provided for under
R
336.1218. The application form shall also require a
certification of compliance with all applicable requirements, a statement of
methods used for determining compliance, including a description of monitoring,
recordkeeping and reporting requirements, and test methods, and a statement
indicating the stationary source's compliance status with any applicable
enhanced monitoring and compliance certification requirements of the clean air
act. All of the following provisions apply to the administrative completeness
of an application for a renewable operating permit:
(a) The department shall notify the person
who submitted the application for a renewable operating permit and the
responsible official, in writing, regarding the administrative completeness of
the application submittal. If the application submittal is considered not to be
an administratively complete application by the department, then the
notification shall specify the deficiency and all supplemental materials
required for an administratively complete application. A person's response to a
notification by the department of the incompleteness of an application shall
include all of the supplemental materials requested by the department in the
notification and a certification by the responsible official which states that,
based on information and belief formed after reasonable inquiry, the statements
and information in the response are true, accurate, and complete. All of the
following provisions apply to department notification:
(i) If the department fails to notify a
person that an application submittal, including the submittal of any
supplemental materials requested by the department under this subdivision, is
not administratively complete by the following deadlines, then the submittal
shall be considered an administratively complete application as of the date the
department received the submittal or the supplemental materials, whichever is
later:
(A) Within 60 days of the date the
department receives the submittal, if the submittal is received on the paper
forms specified by the department.
(B) Within 15 days of the date the department
receives the submittal, if the submittal is received in an electronic format
specified by the department.
(ii) If a person submits all of the
supplemental materials identified in a notification from the department under
this subrule, then the application shall be considered administratively
complete.
(iii) Except as provided
in paragraph (i) of this subdivision, the date the department receives all
information required for an administratively complete application, including
all supplemental materials requested by the department under this subdivision,
shall be the date of receipt of the administratively complete
application.
(b) Any
person who fails to submit any relevant facts or who has submitted incorrect
information in an application for a renewable operating permit, including an
application for renewal or modification of a renewable operating permit, shall,
upon becoming aware of the failure or incorrect submittal, promptly submit all
supplementary facts or corrected information. Each submittal of any relevant
facts or corrected information shall include a certification by a responsible
official which states that, based on information and belief formed after
reasonable inquiry, the statements and information in the submittal are true,
accurate, and complete.
(c) A
person shall promptly provide any additional information necessary for an
administratively complete application for any applicable requirements to which
the stationary source becomes subject after the date that the person submitted
the administratively complete application, but before release of a draft
renewable operating permit for public participation under
R
336.1214(3). Each submittal of any
additional information shall include a certification by the responsible
official which states that, based on information and belief formed after
reasonable inquiry, the statements and information in the submittal are true,
accurate, and complete.
(3) After an application for a renewable
operating permit has been determined by the department to be administratively
complete, the department may require additional information, including
information that was not requested on the application form. For the purpose of
this subrule, additional information means information necessary to evaluate or
take final action on the application, information needed to determine the
applicability of any lawful requirement, information needed to enforce any
lawful requirement, information needed to address any applicable requirements
to which the stationary source becomes subject after the date that the person
submitted the administratively complete application, but before release of a
draft renewable operating permit for public participation under
R
336.1214(3), or information needed to
evaluate the amount of the annual air quality fee for the stationary source. A
person's response to a request for additional information by the department
shall include all of the information requested by the department in the request
and a certification by a responsible official which states that, based on
information and belief formed after reasonable inquiry, the statements and
information in the response are true, accurate, and complete. The person who
submitted the application for a renewable operating permit for a stationary
source shall furnish, within 30 days of the date of the request, any additional
information requested, in writing, by the department, except as follows:
(a) A 30-day extension for a response shall
be granted if the person requests that extension, in writing, during the
initial 30-day time period.
(b) The
person may request a longer time period, in writing, specifying the reasons why
60 days was not reasonable for submitting the requested information.
(c) The department shall provide written
notice to the person of the date of expiration of any time period for submittal
of all requested additional information as a part of any request for additional
information or upon granting a request for an extension.
Failure to submit additional information that has been requested in writing by the department by the expiration of the time period specified for response results in the loss of the application shield specified in subrule (1) of this rule.
(4) For a stationary source that is or
becomes a major source, as defined by
R 336.1211(1)(a)(i) to
(iii), an administratively complete
application shall be considered timely if it is received by the department not
more than 12 months after the stationary source commences operation as a major
source or otherwise becomes subject to the requirements to obtain a renewable
operating permit as a major source. For the purposes of this subrule,
commencing operation as a major source occurs upon commencement of trial
operation of the new or modified emission unit that increased the potential to
emit of the stationary source to more than or equal to the applicable major
source definition specified in
R
336.1211(1)(a).
(5) For a stationary source that is not a
major source under
R 336.1211(1)(a),
but is otherwise subject to the requirements of this rule under
R 336.1211(1)(b), (c), (f), or
(g), an administratively complete application
for a renewable operating permit is considered timely if it is received by the
department within 12 months of that stationary source becoming subject,
pursuant to any federal regulations, including the following, to the
requirement to obtain a renewable operating permit:
(a)
40
C.F.R. §
70.3(a)(4) and
§ 72.6(a).
(b)
40 C.F.R. §
70.5(a)(1)(ii) as it
pertains to part C or D of title 1 of the clean air act.
(c) A source category designated by the
administrator under
40
C.F.R. §
70.3(a)(5).
(6) For a stationary source that is not a
major source under
R 336.1211(1)(a),
but is otherwise subject to the requirements of this rule under
R 336.1211(1)(d),
an administratively complete application for a renewable operating permit is
considered timely if it is received by the department by the following
applicable deadline:
(a) Thirty-six months
after the promulgation of a performance standard under sections 129(a) and 111
of the clean air act applicable to a category of solid waste incineration
units.
(b) Twelve months after
becoming subject to the requirement to obtain a renewable operating permit
pursuant to the federal regulations promulgated pursuant to section 129(a) of
the clean air act or the timelines set by applicable federal or state plans
required under section 129(b) of the clean air act.
(7) For a stationary source that is not a
major source under
R 336.1211(1)(a) or
otherwise subject to 40 C.F.R. part 70, but is subject to the requirements of
this rule under
R 336.1211(1)(e),
an administratively complete application for a renewable operating permit is
considered timely if it is received by the department by the following:
(a) November 1, 1998 for sources subject to
federal regulations under 40 C.F.R. part 62, subpart GGG.
(b) Within 12 months after the date the
amended design capacity report is due, for sources subject to federal
regulations under 40 C.F.R. part 62, subpart GGG that increase their design
capacity to equal or exceed 2.5 million megagrams and 2.5 million cubic meters
by a change that is not a modification or reconstruction, pursuant to
40 C.F.R. §
62.14352(e) and §
70.5(a)(1)(i).
(c) Within 15 months
after commencing construction, modification, or reconstruction for sources
subject to federal regulations under 40 C.F.R. part 60, subpart WWW with a
design capacity greater than or equal to 2.5 million megagrams and 2.5 million
cubic meters, pursuant to
40
C.F.R. §
60.752(c) and
§ 70.5(a)(1)(i), adopted by reference under
R
336.1902.
(d) Reserved.
(8) For a stationary source that is an
affected source under
R 336.1211(1)(b)
and title IV of the clean air act, an administratively complete application for
an initial acid rain permit is considered timely if it is submitted in
accordance with the timelines in 40 C.F.R. part 72, subpart C, acid rain permit
applications, adopted by reference under
R
336.1902.
(9) For renewal of a renewable operating
permit, an administratively complete application is considered timely if it is
received by the department not more than 18 months, but not less than 6 months,
before the expiration date of the current renewable operating permit.
(10) For modifications to a renewable
operating permit, an administratively complete application is considered timely
if it is received by the department in accordance with the time frames
specified in
R 336.1216.
(11) Failure to operate in compliance with
all terms and conditions of an operating permit is grounds for enforcement
action under the act, permit revocation or revision, or denial of a permit
renewal application.
(12) Failure
to halt or reduce an activity when necessary to comply with an operating permit
is grounds for enforcement action.
(13) Submittal of a complete application for
a renewable operating permit does not supersede or affect any requirements to
obtain a permit to install under
R
336.1201.
(14) A person who submits information to the
department as a part of an application for a renewable operating permit under a
claim of confidentiality, consistent with the requirements of the freedom of
information act, 1976 PA 442, MCL
15.231
to
15.246,
shall submit a copy of the information directly to the United States
environmental protection agency.
(15) The department shall take final action
on each administratively complete application for a renewable operating permit,
including an application for permit renewal, within 18 months after the date of
receipt by the department of an administratively complete
application.
Notes
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