DEPARTMENT OF ENVIRONMENTAL QUALITY  
AIR QUALITY DIVISION  
AIR POLLUTION CONTROL  
((By authority conferred on the director of environmental quality by sections 5503  
and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512.  
PART 2. AIR USE APPROVAL  
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  
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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:  
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(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.  
History: 1980 AACS; 1992 AACS; 1995 AACS; 1996 AACS; 2003 AACS; 2008 AACS; 2013  
AACS; 2016 AACS.  
R 336.1201a General permits to install.  
Rule 201a. (1) The department may, after notice and opportunity for public  
participation pursuant to section 5511(3) of the act, issue a general permit to install  
covering numerous similar stationary sources or emission units. A general permit to  
install shall include terms and conditions which are necessary to assure that the stationary  
source or emission unit will comply with all applicable requirements and shall be  
consistent with the permit content requirements of R 336.1205(1)(a). The general permit  
to install shall also identify criteria by which a stationary source or emission unit may  
qualify for the general permit to install. The department shall grant the terms and  
conditions of the general permit to install to stationary sources or emission units that  
qualify within 30 days of receipt by the department of a complete application. An  
applicant shall be subject to enforcement action if the department later determines that  
the stationary source or emission unit does not qualify for the general permit to install.  
(2) An owner or operator of a stationary source or emission unit that would qualify  
for a general permit to install issued by the department pursuant to subrule (1) of this rule  
shall either apply for coverage under the terms of the general permit to install or apply for  
a permit to install consistent with R 336.1201. The department may require the use of  
application forms designed for use with a specific general permit to install issued by the  
department. The application forms shall include all information necessary to determine  
qualification for, and to assure compliance with, the general permit to install. Without  
repeating the public participation process pursuant to subrule (1) of this rule, the  
department may grant a request by a person for authorization to install and operate a  
stationary source or emission unit pursuant to a general permit to install.  
(3) The department shall maintain, and make available to the public upon request, a  
list of the persons that have been authorized to install and operate a stationary source or  
emission unit pursuant to each general permit to install issued by the department.  
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History: 1996 AACS; 2003 AACS; 2016 AACS.  
R 336.1202 Waivers of approval.  
Rule 202. (1) If the requirement for approval of a permit to install before  
construction will create an undue hardship to the applicant, the applicant may request a  
waiver to proceed with construction from the department. The application for a waiver  
shall be in writing, shall explain the circumstances that will cause the undue hardship,  
and shall be signed by the owner or his or her authorized agent. The application shall be  
acted upon by the department within 30 days. If a waiver is granted, the applicant shall  
submit pertinent plans and specifications for approval as soon as is reasonably practical.  
The applicant, after a waiver is granted, shall proceed with the construction at his or her  
own risk; however, operation of the equipment shall not be authorized until the  
application for a permit to install has been approved by the department. After  
construction, modification, relocation, or installation has begun or been completed, if the  
plans, specifications, and completed installations do not meet department approval, then  
the application for a permit to install shall be denied, unless the alterations required to  
effect approval are made within a reasonable time as specified by the department.  
(2) The provisions of subrule (1) of this rule do not apply to any of the following:  
(a) Any activity that is subject to R 336.2802, prevention of significant deterioration  
regulations, or R 336.2902, nonattainment new source review regulations. For the  
purpose of this subrule, "activity" means the concurrent and related installation,  
construction, reconstruction, relocation, or modification of any process or process  
equipment.  
(b) Construction or reconstruction of a major source of hazardous air pollutants  
subject to 40 C.F.R. part 63, national emission standards for hazardous air pollutants for  
source categories, adopted by reference in R 336.1902.  
(c) Construction or modification subject to 40 C.F.R. part 61, national emission  
standards for hazardous air pollutants, adopted by reference in R 336.1902.  
History: 1980 AACS; 2003 AACS; 2008 AACS; 2016 AACS.  
R 336.1203 Information required.  
Rule 203. (1) An application for a permit to install shall include information  
required by the department on the application form or by written notice. This  
information may include, as necessary, any of the following:  
(a) A complete description, in appropriate detail, of each emission unit or process  
covered by the application. The description shall include the size and type along with the  
make and model, if known, of the proposed process equipment, including any air  
pollution control equipment. The description shall also specify the proposed operating  
schedule of the equipment, provide details of the type and feed rate of material used in  
the process, and provide the capture and removal efficiency of any air pollution control  
devices. Applications for complex or multiple processes shall also include a block  
diagram showing the flow of materials and intermediate and final products.  
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(b) A description of any federal, state, or local air pollution control regulations  
which the applicant believes are applicable to the proposed process equipment, including  
a proposed method of complying with the regulations.  
(c) A description in appropriate detail of the nature, concentration, particle size,  
pressure, temperature, and the uncontrolled and controlled quantity of all air  
contaminants that are reasonably anticipated due to the operation of the proposed process  
equipment.  
(d) A description of how the air contaminant emissions from the proposed process  
equipment will be controlled or otherwise minimized.  
(e) A description of each stack or vent related to the proposed process equipment,  
including the minimum anticipated height above ground, maximum anticipated internal  
dimensions, discharge orientation, exhaust volume flow rate, exhaust gas temperature,  
and rain protection device, if any.  
(f) Scale drawings showing a plan view of the owner's property to the property lines  
and the location of the proposed equipment. The drawings shall include the height and  
outline of all structures within 150 feet of the proposed equipment and show any fence  
lines. All stacks or other emission points related to the proposed equipment shall also be  
shown on the drawings.  
(g) Information, in a form prescribed by the department, that is necessary for the  
preparation of an environmental impact statement if, in the judgment of the department,  
the equipment for which a permit is sought may have a significant effect on the  
environment.  
(h) Data demonstrating that the emissions from the process will not have an  
unacceptable air quality impact in relation to all federal, state, and local air quality  
standards.  
(2) The department may require additional information necessary to evaluate or take  
action on the application. The applicant shall furnish all additional information, within  
30 days of a written request by the department, except as provided by the following  
provisions:  
(a) The applicant may request a longer period of time, in writing, specifying the  
reason why 30 days was not reasonable for submitting the information.  
(b) The department may provide written notice to the applicant of an alternate time  
period for the submittal, either as part of the original request or upon the granting of an  
extension requested by the applicant.  
(3) An applicant may reference a previously submitted permit application for the  
purpose of supplying a portion of the information required by this rule. Any reference to  
a previously submitted permit application shall clearly identify the permit application  
number assigned to the previous application by the department. If acceptable to the  
department, an applicant may also reference other previously submitted information for  
the purpose of supplying a portion of the information required by this rule.  
History: 1980 AACS; 2003 AACS; 2016 AACS.  
R 336.1204 Authority of agents.  
Rule 204. When a person files an application for a permit to install as the agent of an  
applicant, the applicant shall furnish the department with written authorization for the  
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filing of the application. The authorization shall indicate if the applicant intends that the  
department contact the agent directly with questions regarding the application and also  
indicate if the agent is authorized to negotiate the terms and conditions of the permit to  
install.  
History: 1980 AACS; 2003 AACS.  
R 336.1205 Permit to install; approval.  
Rule 205. (1) The department shall not approve a permit to install for a stationary  
source, process, or process equipment that meets the definition of a major stationary  
source or major modification under any part of these rules unless the requirements  
specified in subdivisions (a) and (b) of this subrule have been met. In addition, except as  
provided in subrule (3) of this rule, the department shall not approve a permit to install  
that includes limitations which restrict the potential to emit from a stationary source,  
process, or process equipment to a quantity below that which would constitute a major  
source or major modification under any part of these rules unless both of the following  
requirements have been met:  
(a) The permit to install contains emission limits that are enforceable as a practical  
matter. An emission limit restricts the amount of an air contaminant that may be emitted  
over some time period. The time period shall be set in accordance with the applicable  
requirements and, unless a different time period is provided by the applicable  
requirement, should generally not be more than 1 month, unless a longer time period is  
approved by the department. A longer time period may be used if it is a rolling time  
period, but shall not be more than an annual time period rolled on a monthly basis. If the  
emission limit does not reflect the maximum emissions of the process or process  
equipment operating at full design capacity without air pollution control equipment, then  
the permit shall contain 1of the following:  
(i) A production limit that restricts the amount of final product that may be produced  
over the same time period used in the emission limit and that comports with the true  
design and intended operation of the process or process equipment.  
(ii) An operational limit that restricts the way the process or process equipment is  
operated and that comports with the true design and intended operation of the process or  
process equipment. An operational limit may include conditions specifying any of the  
following:  
(A) The installation, operation, and maintenance of air pollution control equipment.  
(B) The hours of operation of the stationary source, process, or process equipment, if  
the hours are less than continuous.  
(C) The amount or type of raw materials used by the stationary source, process, or  
process equipment.  
(D) The amount or type of fuel combusted by the stationary source, process, or  
process equipment.  
(E) The installation, operation, and maintenance of a continuous gas flow meter and  
a continuous emission monitor for the air contaminant for which an enforceable emission  
limit is required.  
Page 6  
(iii) For volatile organic compound surface coating operations where an add-on  
control is not employed, an emission or usage limit coupled with a requirement to  
calculate or demonstrate daily compliance.  
(b) A draft permit has been subjected to the public participation process specified in  
section 5511(3) of the act. The department shall provide a copy of the draft permit to the  
United States environmental protection agency for review and comment at or before the  
start of the public comment period. The department shall also provide a copy of each  
final permit to install issued pursuant to this rule to the United States environmental  
protection agency.  
(2) The department shall not approve a permit to install to construct a major source  
or reconstruct a major source under any applicable requirement of section 112 of the  
clean air act unless the requirements of subrule (1)(a) and (b) of this rule have been met.  
In addition, except as provided in subrule (3) of this rule, the department shall not  
approve a permit to install that includes limitations which restrict the potential to emit of  
a stationary source, process, or process equipment to a quantity below that which would  
constitute a major source or modification under any applicable requirement of  
section 112 of the clean air act unless the requirements of subrule (1)(a) and (b) of this  
rule have been met.  
(3) The department may approve a permit to install that includes limitations that  
restrict the potential to emit of a stationary source, process, or process equipment to a  
quantity below that which would constitute a major source or major modification under  
any part of these rules without meeting the requirement of subrule (1)(b) of this rule if  
the emission limitations restrict the potential to emit of the stationary source, process, or  
process equipment to less than 90% of the quantity referenced in the applicable  
requirement.  
History: 1995 AACS; 1996 AACS; 1998 AACS; 2003 AACS; 2008 AACS; 2016 AACS.  
R 336.1206 Processing of applications for permits to install.  
Rule 206. (1) The department shall review an application for a permit to install for  
administrative completeness pursuant to R 336.1203(1) within 10 days of its receipt by  
the department. The department shall notify the applicant in writing regarding the receipt  
and completeness of the application.  
(2) The department shall take final action to approve or deny a permit within 180  
days of receipt of an application for a permit to install. The department shall take final  
action to approve or deny a permit to install subject to a public comment period pursuant  
to R 336.1205(1)(b) or section 5511(3) of the act within 240 days of receipt. If  
requested by the permit applicant, the department may extend the processing period  
beyond the applicable 180 or 240-day time limit. A processing period extension is  
effective after a formal agreement is signed by both the applicant and the department.  
However, a processing period shall not be extended under this subrule to a date later than  
1 year after all information required pursuant to R 336.1203(1) and (2) has been received.  
Permit processing period extensions shall be reported as a separate category under section  
5522(8)(b) of the act. The failure of the department to act on an application that includes  
all the information required pursuant to R 336.1203(1) and (2) within the time frames  
specified in this subrule may be considered a final permit action solely for the purpose of  
Page 7  
obtaining judicial review in a court of competent jurisdiction to require that action be  
taken by the department without additional delay.  
History: 1980 AACS; 2003 AACS; 2013 AACS; 2016 AACS.  
R 336.1207 Denial of permits to install.  
Rule 207. (1) The department shall deny an application for a permit to install if, in  
the judgment of the department, any of the following conditions exist:  
(a) The equipment for which the permit is sought will not operate in compliance  
with the rules of the department or state law.  
(b) Operation of the equipment for which the permit is sought will interfere with the  
attainment or maintenance of the air quality standard for any air contaminant.  
(c) The equipment for which the permit is sought will violate an applicable  
requirement of the clean air act, including any of the following:  
(i) Standards of performance for stationary sources, 40 C.F.R. part 60, adopted by  
reference in R 336.1902.  
(ii) National emission standards for hazardous air pollutants, 40 C.F.R. part 61,  
adopted by reference in R 336.1902.  
(iii) The requirements of prevention of significant deterioration of air quality,  
R 336.2801 to R 336.2819 and R 336.2823.  
(iv) The requirements of nonattainment new source review, R 336.2901 to R  
336.2903, R 336.2907, and R 336.2908.  
(v) The requirements for control technology determinations for major sources in  
accordance with 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference  
in R 336.1902.  
(d) Sufficient information has not been submitted by the applicant to enable the  
department to make reasonable judgments as required by subdivisions (a) to (c) of this  
subrule.  
(2) When an application is denied, the applicant shall be notified in writing of the  
reasons for the denial. A denial shall be without prejudice to the applicant's right to a  
hearing pursuant to section 5505(8) of the act or for filing a further application after  
revisions are made to meet objections specified as reasons for the denial.  
History: 1980 AACS; 2003 AACS; 2008 AACS; 2016 AACS.  
R 336.1208 Rescinded.  
History: 1980 AACS; 1995 AACS.  
R 336.1208a Rescinded.  
History: 1996 AACS; 2012 AACS; 2016 AACS.  
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R 336.1209 Use of old permits to limit potential to emit.  
Rule 209. (1) A person may use a permit to install or a permit to operate issued  
before May 6, 1980, or a Wayne county permit issued before a delegation of authority to  
Wayne county pursuant to section 5523 of the act, to limit the potential to emit of a  
stationary source to a quantity less than the amount which would cause the stationary  
source to be subject to the requirements of R 336.1210 by complying with the  
requirements of subrule (2) of this rule, if the permit meets both of the following  
requirements:  
(a) The permit contains emission limits that are less than the maximum emissions of  
the process or process equipment operating at full design capacity without air pollution  
control equipment, and the permit contains a production or operational limit consistent  
with the requirements of R 336.1205(1)(a).  
(b) The potential to emit of the stationary source, including the emissions authorized  
by the permit, is less than the quantity of emissions that would cause the stationary source  
to be considered a major source pursuant to R 336.1211(1)(a).  
(2) Except as provided by subrule (3) of this rule, a person shall meet both of the  
following requirements to use a permit to install or permit to operate issued before  
May 6, 1980, or a Wayne county permit issued before a delegation of authority to Wayne  
county pursuant to section 5523 of the act, to limit the potential to emit of a stationary  
source:  
(a) Submit a written notice to the department, on a form provided by the department,  
of the intent that the terms and conditions of the permit to install, permit to operate, or the  
Wayne county permit be used to limit the potential to emit of the stationary source under  
the provisions of this rule. The written notice shall include a certification signed by the  
person that the stationary source, process, or process equipment is in full compliance with  
the permit to install, permit to operate, or the Wayne county permit.  
(b) Maintain records, conduct monitoring, and submit reports as required by the  
permit and as required pursuant to any applicable requirement to show that the stationary  
source, process, or process equipment is operating in compliance with the terms and  
conditions of the permit and any applicable requirements.  
(3) A person need not notify the department pursuant to subrule (2)(a) of this rule if  
the potential to emit of the stationary source, including the emissions authorized by the  
permit to install or permit to operate issued before May 6, 1980, or the Wayne county  
permit issued before a delegation of authority to Wayne county pursuant to section 5523  
of the act, is less than 50% of the quantity that would cause the stationary source to be  
considered a major source pursuant to R 336.1211(1)(a).  
History: 1995 AACS; 2016 AACS.  
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  
Page 9  
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.  
Page 10  
(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.  
Page 11  
(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).  
(d) Specified source categories in 40 C.F.R. part 63, adopted by reference under  
R 336.1902.  
(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  
Page 12  
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.  
History: 1995 AACS; 1996 AACS; 1999 AACS; 2001 AACS; 2012 AACS; 2016 AACS.  
R 336.1211 Renewable operating permit applicability.  
Rule 211. (1) All of the following stationary sources are subject to the requirements  
of R 336.1210 to obtain, and only operate in compliance with, a renewable operating  
permit:  
(a) Major sources as defined by any of the following criteria:  
(i) A major source under section 112 of the clean air act, which is defined as any  
stationary source or group of stationary sources located within a contiguous area and  
Page 13  
under common control that emits, or has the potential to emit, in the aggregate, any of the  
following:  
(A) Ten tons per year of any hazardous air pollutant that has been listed under  
section 112(b) of the clean air act.  
(B) Twenty-five tons per year of any combination of hazardous air pollutants that  
have been listed under section 112(b) of the clean air act.  
(C) A lesser quantity as the administrator of the United States environmental  
protection agency may establish by rule for any hazardous air pollutant listed under  
section 112(b) of the clean air act. The department shall maintain, and make available  
upon request, a list of the hazardous air pollutants for which a lesser quantity criteria has  
been established. Emissions from any oil or gas exploration or production well, with its  
associated equipment, and emissions from any pipeline compressor or pump station shall  
not be aggregated with emissions from other similar units, whether or not the units are in  
a contiguous area or under common control, to determine whether the units or stations are  
major sources under this paragraph. For the purpose of this paragraph, the potential to  
emit of a stationary source for hazardous air pollutants includes fugitive emissions,  
regardless of the category of the stationary source.  
(ii) A stationary source that directly emits, or has the potential to emit, 100 tons per  
year or more of any of the following:  
(A) Lead.  
(B) Sulfur dioxide.  
(C) Nitrogen oxides.  
(D) Carbon monoxide.  
(E) PM 10.  
(F) PM 2.5.  
(G) Ozone.  
(H) Volatile organic compounds.  
(I) Any air contaminant regulated under section 111 of the clean air act.  
(J) Any class I and class II substances under title VI of the clean air act.  
For the purpose of this paragraph, the fugitive emissions of a stationary source shall  
not be considered in determining whether the stationary source is a major source, unless  
the stationary source belongs to 1 of the categories listed in the definition of potential to  
emit in R 336.1116.  
(iii) A major stationary source, as defined in part D of title I of the clean air act, and  
R 336.2901(t), including, for ozone nonattainment areas, stationary sources that have the  
potential to emit 100 tons per year or more of volatile organic compounds or oxides of  
nitrogen in areas classified as marginal or moderate.  
(b) Any affected source as defined in 40 C.F.R. §72.6 and section 402 of the clean  
air act.  
(c) Any stationary source required to have a permit under part C or D of title I of the  
clean air act.  
(d) Any solid waste incineration unit, as defined in section 129(g) of the clean air  
act, that is required to obtain a renewable operating permit under section 129(e) of the  
clean air act.  
(e) Any municipal solid waste landfill that has a design capacity equal to or greater  
than 2.5 million megagrams and 2.5 million cubic meters.  
Page 14  
(f) Any stationary source in a source category designated by the administrator of the  
United States environmental protection agency under 40 C.F.R. §70.3(a)(5).  
(g) Any stationary source required to operate subject to a renewable operating  
permit under 40 C.F.R. part 63, area source requirements, including the following:  
(i) Any secondary lead smelter subject to national emission standards for hazardous  
air pollutants from secondary lead smelting, 40 C.F.R. part 63, subpart X, adopted by  
reference in R 336.1902.  
(ii) Any hazardous waste combustor subject to national emission standards for  
hazardous air pollutants from hazardous waste combustors, 40 C.F.R. part 63, subpart  
EEE, adopted by reference in R 336.1902.  
(iii) Any Portland cement plant subject to national emissions standards for  
hazardous air pollutants from the Portland cement manufacturing industry, 40 C.F.R. part  
63, subpart LLL, adopted by reference in R 336.1902.  
(iv) Any steelmaking facility subject to national emission standards for hazardous  
air pollutants for area sources: electric arc furnace steelmaking facilities, 40 C.F.R. part  
63, subpart YYYYY, adopted by reference in R 336.1902.  
(v) Any primary copper smelter subject to national emission standards for  
hazardous air pollutants for primary copper smelting area sources, 40 C.F.R. part 63,  
subpart EEEEEE, adopted by reference in R 336.1902.  
(vi) Any secondary copper smelter subject to national emission standards for  
hazardous air pollutants for secondary copper smelting area sources, 40 C.F.R. part 63,  
subpart FFFFFF, adopted by reference in R 336.1902.  
(vii) Any primary nonferrous metal area sources subject to national emission  
standards for hazardous air pollutants for primary nonferrous metals area sources-zinc,  
cadmium, and beryllium, 40 C.F.R. part 63, subpart GGGGGG, adopted by reference in  
R 336.1902.  
(viii) Any chemical manufacturing chromium compound area sources subject to  
national emission standards for hazardous air pollutants for chemical manufacturing area  
sources: chromium compounds, 40 C.F.R. part 63, subpart NNNNNN, adopted by  
reference in R 336.1902.  
(ix) Any glass manufacturing area sources subject to national emission standards for  
hazardous air pollutants for glass manufacturing area sources, 40 C.F.R. part 63, subpart  
SSSSSS, adopted by reference in R 336.1902.  
(x) Any chemical manufacturing area sources subject to national emission standards  
for hazardous air pollutants for chemical manufacturing area sources,  
40 C.F.R. part 63, subpart VVVVVV, adopted by reference in R 336.1902, that installed  
a control device on a chemical manufacturing process unit (CMPU), if the control device  
on the affected CMPU is necessary to maintain the source's emissions at area source  
levels.  
(2) For the purposes of determining the applicability of R 336.1210, the potential to  
emit of a stationary source shall be the sum of the potential to emit of all process and  
process equipment located at the stationary source.  
(3) The following stationary sources are exempted from the obligation to obtain a  
renewable operating permit under R 336.1210:  
(a) All stationary sources and source categories for which the person owning or  
operating the stationary source would be required to obtain a permit solely because the  
Page 15  
stationary source is subject to 40 C.F.R. Part 60, subpart AAA, standards of performance  
for new residential wood heaters.  
(b) All stationary sources and source categories for which the person owning or  
operating the stationary source would be required to obtain a permit solely because the  
stationary source is subject to 40 C.F.R. Part 61, subpart M, national emission standards  
for hazardous air pollutants for asbestos.  
History: 1995 AACS; 1996 AACS; 1998-2000 AACS; 2001 AACS; 2008 AACS; 2012 AACS; 2016  
AACS.  
R 336.1212 Administratively complete applications; insignificant activities;  
streamlining applicable requirements; emissions reporting and fee calculations.  
Rule 212. (1) A timely and administratively complete application for a stationary  
source subject to the requirements of R 336.1210 shall meet the requirements of  
R 336.1210(2) and shall contain all information that is necessary to implement and  
enforce all applicable requirements that include a process-specific emission limitation or  
standard or to determine the applicability of those requirements.  
(2) All of the following activities are considered to be insignificant activities at a  
stationary source and need not be included in an administratively complete application  
for a renewable operating permit:  
(a) Repair and maintenance of grounds and structures.  
(b) All activities and changes pursuant to R 336.1285(2)(a) to (f); however, if any  
compliance monitoring requirements in the renewable operating permit would be affected  
by the change, then application shall be made to revise the permit pursuant to  
R 336.1216.  
(c) All activities and changes pursuant to R 336.1287(2)(f) to (h); however, if any  
compliance monitoring requirements in the renewable operating permit would be affected  
by the change, then application shall be made to revise the permit pursuant to  
R 336.1216.  
(d) Use of office supplies.  
(e) Use of housekeeping and janitorial supplies.  
(f) Sanitary plumbing and associated stacks or vents.  
(g) Temporary activities related to the construction or dismantlement of buildings,  
utility lines, pipelines, wells, earthworks, or other structures.  
(h) Storage and handling of drums or other transportable containers that are sealed  
during storage and handling.  
(i) Fire protection equipment, firefighting and training in preparation for fighting  
fires, pursuant to R 336.1310.  
(j) Use, servicing, and maintenance of motor vehicles, including cars, trucks, lift  
trucks, locomotives, aircraft, or watercraft, except where the activity is subject to an  
applicable requirement. The applicable requirement or the emissions of those air  
contaminants addressed by the applicable requirement shall be included in a timely and  
administratively complete application pursuant to R 336.1210. Examples of applicable  
requirements may include an applicable requirement for a fugitive dust control or  
operating program or an applicable requirement to include fugitive emissions pursuant to  
Page 16  
R 336.1211(1)(a)(ii). For the purpose of this subdivision, the maintenance of motor  
vehicles does not include painting or refinishing.  
(k) Construction, repair, and maintenance of roads or other paved or unpaved areas,  
except where the activities are subject to an applicable requirement. The applicable  
requirement or the emissions of the air contaminants addressed by the applicable  
requirement shall be included in a timely and administratively complete application  
pursuant to R 336.1210. Examples of applicable requirements include an applicable  
requirement for a fugitive dust control or operating program or an applicable requirement  
to include fugitive emissions pursuant to R 336.1211(1)(a)(ii).  
(l) Piping and storage of sweet natural gas, including venting from pressure relief  
valves and purging of gas lines.  
(3) The following process or process equipment need not be included in an  
administratively complete application for a renewable operating permit, unless the  
process or process equipment is subject to applicable requirements that include a process-  
specific emission limitation or standard:  
(a) Cooling and ventilation equipment listed in R 336.1280(2)(b) to (e).  
(b) Cleaning, washing, and drying equipment listed in R 336.1281(2)(a) to (f) and  
(i) to (k).  
(c) Electrically heated furnaces, ovens, and heaters listed in R 336.1282(2)(a) and  
equipment listed in R 336.1282(2)(c) to (f).  
(d) Process and process equipment and other equipment listed in R 336.1283 not  
excluded in R 336.1283(3).  
(e) Containers listed in R 336.1284(2)(a), (c), (d), (h), and (k) to (m).  
(f) Miscellaneous equipment listed in R 336.1285(2)(h), (i), (k) to (t), (v) to (ii),  
(kk), and (ll) except for equipment listed in R 336.1285(2)(l)(vi)(C), (r)(iv), and (dd)(iii).  
(g) All plastic processing equipment listed in R 336.1286.  
(h) Surface coating equipment listed in R 336.1287(2)(b), (d), (e), (i), (j), and (k).  
(i) All oil and gas processing equipment listed in R 336.1288.  
(j) Asphalt and concrete production equipment listed in R 336.1289(2)(a) to (c).  
(4) Unless subject to a process-specific emission limitation or standard, all of the  
following process or process equipment need only be listed in an administratively  
complete application for a renewable operating permit. The list shall include a  
description of the process or process equipment, including any control equipment  
pertaining to the process or process equipment, the source classification code, and a  
reference to the subdivision of this subrule that identifies the process or process  
equipment:  
(a) Cooling and ventilation equipment listed in R 336.1280(2)(a).  
(b) Cleaning, washing, and drying equipment listed in R 336.1281(2)(g) and (h).  
(c) Fuel-burning furnaces, ovens, and heaters listed in R 336.1282(2)(a), (b), and  
(g).  
(d) Containers listed in R 336.1284(2)(b), (e), (f), (g), (i), (j), and (n).  
(e) Miscellaneous process or process equipment listed in R 336.1285(2)(g), (j),  
(1)(vi)(C), (r)(iv), (u), (w), (dd)(iii), (jj) and (mm).  
(f) Surface-coating equipment listed in R 336.1287(2)(a) and (c).  
(g) Concrete batch production equipment listed in R 336.1289(2)(d).  
(h) Emission units that have limited emissions and meet the criteria in R 336.1290.  
Page 17  
(i) Emission units that have limited emissions and meet the criteria in  
R 336.1291.  
(5) As a part of an application for a renewable operating permit, a person may seek  
to establish that certain terms or conditions of a permit to install, permit to operate, or  
order entered pursuant to the act are not appropriate to be incorporated into the renewable  
operating permit or should be modified to provide for consolidation or clarification of the  
applicable requirements. An application for a renewable operating permit may include  
information necessary to demonstrate any of the following:  
(a) That a term or condition of a permit to install, permit to operate, or order  
entered pursuant to the act is no longer an applicable requirement.  
(b) That a term or condition of a permit to install, permit to operate, or order  
entered pursuant to the act should be modified to provide for consolidation or  
clarification of the applicable requirement. A person shall demonstrate that the  
modification results in  
enforceable applicable requirements that are equivalent to the  
applicable requirements contained in the original permit or order and that the equivalent  
requirements do not violate any other applicable requirement.  
(c) That the equipment should be combined into emission units different from the  
emission units contained in a permit to install, permit to operate, or order entered  
pursuant to the act to provide for consolidation or clarification of the applicable  
requirement. A person shall demonstrate that the realignment of the emission units  
results in enforceable applicable requirements which are equivalent to the applicable  
requirements contained in the original permit or order and that the equivalent  
requirements do not violate any other applicable requirement.  
(6) Beginning with the annual report of emissions required pursuant to R 336.202  
and section 5503(k) of the act for the first calendar year after a stationary source becomes  
a major source as defined by R 336.1211(1)(a), each stationary source subject to the  
requirements of this rule shall report the emissions, or the information necessary to  
determine the emissions, of each regulated air pollutant. The information shall be  
submitted utilizing the emissions inventory forms provided by the department. For the  
purpose of this subrule, "regulated air pollutant" means all of the following:  
(a) Nitrogen oxides or any volatile organic compound.  
(b) A pollutant for which a national ambient air quality standard has been  
promulgated under the clean air act.  
(c) A pollutant that is subject to any standard promulgated under section 111 of the  
clean air act.  
(d) A class I or II substance that is subject to a standard promulgated under or  
established by title VI of the clean air act.  
(e) A pollutant that is subject to a standard promulgated under section 112 or other  
requirements established under section 112 of the clean air act, except for pollutants  
regulated solely pursuant to section 112(r) of the clean air act. Pollutants subject to a  
standard promulgated or other requirements established under section 112 of the clean air  
act include both of the following:  
(i) A pollutant that is subject to requirements under section 112(j) of the clean air  
act. If the administrator of the United States environmental protection agency fails to  
promulgate a standard by the date established pursuant to section 112(e) of the clean air  
act, any pollutant for which a stationary source would be major shall be considered to be  
Page 18  
regulated on the date 18 months after the applicable date established pursuant to section  
112(e) of the clean air act.  
(ii) A pollutant for which the requirements of section 112(g)(2) of the clean air act  
have been met, but only with respect to the specific stationary source that is subject to the  
section 112(g)(2) requirement.  
(7) For the purpose of calculating the annual air quality fee pursuant to section 5522  
of the act, the actual emissions of a fee-subject air pollutant from all process or process  
equipment shall be determined. However, the actual emissions of a fee-subject air  
pollutant from process or process equipment listed pursuant to subrules (2) to (4) of this  
rule need not be calculated unless either of the following provisions are met:  
(a) The process or process equipment is subject to a process-specific emission  
limitation or standard for the specific fee-subject air pollutant.  
(b) The actual emissions from the process or process equipment exceed 10% of  
significant, as defined in R 336.1119(e), for that air pollutant.  
History: 1995 AACS; 1996 AACS; 2001 AACS; 2003 AACS; 2016 AACS; 2019 AACS.  
R 336.1213 Content of renewable operating permit.  
Rule 213. (1) Each renewable operating permit shall include all of the following  
general provisions:  
(a) A person shall comply with all conditions of the renewable operating permit.  
Any permit noncompliance constitutes a violation of the act and is grounds for  
enforcement action, for permit revocation or revision, or for denial of the renewal of a  
renewable operating permit. All terms and conditions of a renewable operating permit  
that are designated in the permit as federally enforceable pursuant to subrule (5) of this  
rule, are enforceable by the administrator of the United States environmental protection  
agency and by citizens under the provisions of the clean air act.  
(b) It is not a defense for a person in an enforcement action that it would have been  
necessary to halt or reduce the permitted activity in order to maintain compliance with the  
conditions of the permit.  
(c) The renewable operating permit may be modified, revised, or revoked for cause.  
The filing of a request by a person for a permit modification, revision, or termination, or  
a notification of planned changes or anticipated noncompliance does not stay any permit  
condition. This does not supersede or affect the ability of a person to make changes, at  
the person's own risk, pursuant to R 336.1215 and R 336.1216.  
(d) A person shall allow the department or an authorized representative of the  
department, upon presentation of credentials and other documents as may be required by  
law and upon stating the authority for and purpose of the investigation, to perform any of  
the following activities:  
(i) Enter, at reasonable times, a stationary source or other premises where emissions-  
related activity is conducted or where records must be kept under the conditions of the  
permit.  
(ii) Have access to and copy, at reasonable times, any records that must be kept  
under the conditions of the permit.  
(iii) Inspect, at reasonable times, any of the following:  
(A) Any stationary source.  
Page 19  
(B) Any emission unit.  
(C) Any equipment, including monitoring and air pollution control equipment.  
(D) Any work practices or operations regulated or required under the renewable  
operating permit.  
(iv) As authorized by section 5526 of the act, sample or monitor at reasonable times  
substances or parameters for the purpose of assuring compliance with the permit or  
applicable requirements.  
(e) A person shall furnish to the department, within a reasonable time, any  
information that the department may request, in writing, to determine whether cause  
exists for modifying, revising, or revoking the permit or to determine compliance with  
the permit. Upon request, a person shall also furnish to the department copies of any  
records that are required to be kept as a term or condition of the renewable operating  
permit. For information that is claimed by the person to be confidential, consistent with  
the requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to  
15.246, the person may also be required to furnish the records directly to the United  
States environmental protection agency together with a claim of confidentiality.  
(f) A challenge by any person, the administrator of the United States environmental  
protection agency, or the department to a particular condition or a part of a renewable  
operating permit shall not set aside, delay, stay, or in any way affect the applicability or  
enforceability of any other condition or part of the renewable operating permit.  
(g) A person shall pay fees consistent with the fee schedule and requirements  
pursuant to section 5522 of the act.  
(h) The renewable operating permit does not convey any property rights or any  
exclusive privilege.  
(i) Federally enforceable permit to install terms and conditions incorporated into the  
renewable operating permit are identified within the renewable operating permit as being  
established pursuant to R 336.1201.  
(2) Each renewable operating permit shall contain emission limits and standards,  
including operational requirements and limits that ensure compliance with all applicable  
requirements at the time of permit issuance. In addition, each renewable operating permit  
may contain additional limits agreeable to both the applicant and the department,  
provided that these limits are not contrary to R 336.1213 or the clean air act. The  
following provisions apply to emission limits and standards:  
(a) The renewable operating permit shall specify and reference the underlying  
applicable requirement for each term or condition and identify any difference in form as  
compared to the applicable requirement upon which the term or condition is based.  
(b) The renewable operating permit shall state that, where an applicable requirement  
is more stringent than an applicable requirement of regulations promulgated for affected  
sources under title IV of the clean air act, both provisions shall be incorporated into the  
permit.  
(c) If the state implementation plan allows for an alternative emission limit that is  
equivalent to the limit contained in the state implementation plan, any renewable  
operating permit containing the equivalent alternative emission limit shall contain terms  
and conditions to ensure that any such emission limit is quantifiable, accountable,  
enforceable, and based on replicable procedures.  
Page 20  
(d) Any term or condition established as a limit on the potential to emit of the  
stationary source shall be consistent with the requirements of R 336.1205(1)(a). For each  
such limit on the potential to emit of the stationary source, the permit shall specify and  
reference any requirements that would otherwise be applicable to the source or emission  
unit.  
(3) The renewable operating permit shall contain terms and conditions necessary to  
ensure that sufficient testing, monitoring, recordkeeping, reporting, and compliance  
evaluation activities will be conducted to determine the status of compliance of the  
stationary source with the emission limitations and standards contained in the renewable  
operating permit. The following provisions apply to testing, monitoring, recordkeeping,  
reporting, and compliance evaluation activities:  
(a) With respect to testing and monitoring, each renewable operating permit shall  
contain terms and conditions necessary to ensure compliance with all of the following:  
(i) The use of all emissions monitoring and analysis procedures or test methods  
required by the applicable requirements, including 40 C.F.R. Part 64, and any other  
procedures and methods promulgated pursuant to section 504(b) or 114(a)(3) of the clean  
air act. If more than 1 monitoring or testing requirement applies, the permit may specify  
a streamlined set of monitoring or testing requirements, provided the specified  
monitoring or testing is adequate to assure compliance at least to the same extent as the  
monitoring or testing applicable requirements that were not included in the permit as a  
result of such streamlining.  
(ii) Where the applicable requirement does not require periodic testing or  
instrumental or noninstrumental monitoring, which may consist of recordkeeping  
designed to serve as monitoring, the use of periodic monitoring sufficient to yield reliable  
data from the relevant time period that are representative of the stationary source's  
compliance with the permit, as reported pursuant to subdivision (c) of this subrule. The  
monitoring requirements shall ensure use of terms, test methods, units, averaging periods,  
and other statistical conventions consistent with the applicable requirement.  
Recordkeeping provisions shall be sufficient to meet the requirements of subdivision (b)  
of this subrule.  
(iii) As necessary, requirements concerning the use, maintenance, and, where  
appropriate, installation of monitoring equipment or methods.  
(b) With respect to recordkeeping, each renewable operating permit shall contain  
terms and conditions necessary to ensure compliance with the recordkeeping  
requirements specified in the applicable requirements. Each renewable operating permit  
shall also contain terms and conditions that require, where appropriate, both of the  
following:  
(i) Records of any periodic emission or parametric monitoring that include all of the  
following information:  
(A) The date, location, time, and method of sampling or measurements.  
(B) The dates analyses of the samples were performed.  
(C) The company or entity that performed the analyses of the samples.  
(D) The analytical techniques or methods used.  
(E) The results of the analyses.  
(F) The related operating conditions or parameters that existed at the time of  
sampling or measurement.  
Page 21  
(ii) Retention of records of all required monitoring data and support information for  
a period of not less than 5 years from the date of the monitoring sample, measurement,  
report, or application. Support information includes all calibration and maintenance  
records and all original strip-chart recordings, or other original data records, for  
continuous monitoring instrumentation and copies of all reports required by the  
renewable operating permit.  
(c) With respect to reporting and the certification of reports, each renewable  
operating permit shall contain terms and conditions necessary to insure compliance with  
the reporting requirements specified in the applicable requirements. Except as provided  
in paragraph (iii)(B) of this subdivision, any document, including reports, required to be  
submitted to the department as a term or condition of a renewable operating permit 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  
document are true, accurate, and complete. Each renewable operating permit shall also  
contain terms and conditions for all of the following:  
(i) The submittal of reports of any required monitoring at least once every 6 months.  
All instances of deviations from permit requirements during the reporting period shall be  
clearly identified in the reports. Each report submitted pursuant to this subdivision 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 report  
are true, accurate, and complete.  
(ii) The prompt reporting of deviations from permit requirements. Prompt reporting  
shall be defined as follows, unless otherwise provided in the renewable operating permit:  
(A) For deviations that exceed the emissions allowed under the renewable operating  
permit, prompt reporting means reporting consistent with the requirements of  
R 336.1912. All reports submitted pursuant to this paragraph shall be promptly certified  
as specified in paragraph (iii) of this subdivision.  
(B) For deviations which exceed the emissions allowed under the renewable  
operation permit and which are not reported pursuant to R 336.1912 due to the duration  
of the deviation, prompt reporting means the reporting of all deviations in the reports  
required by paragraph (i) of this subdivision. The report shall describe reasons for each  
deviation and the actions taken to minimize or correct each deviation.  
(C) For deviations that do not exceed the emissions allowed under the renewable  
operating permit, prompt reporting means the reporting of all deviations in the reports  
required by paragraph (i) of this subdivision. The report shall describe the reasons for  
each deviation and the actions taken to minimize or correct each deviation.  
(iii) For reports required pursuant to paragraph (ii) of this subdivision, prompt  
certification of the reports means either of the following:  
(A) Submitting a certification by a responsible official with each report which states  
that, based on information and belief formed after reasonable inquiry, the statements and  
information in the report are true, accurate, and complete.  
(B) Submitting, within 30 days following the end of a calendar month during which  
1 or more prompt reports of deviations from the emissions allowed under the permit were  
submitted to the department pursuant to paragraph (ii) of this subdivision, a certification  
by a responsible official which states that, based on information and belief formed after  
reasonable inquiry, the statements and information contained in each of the reports  
Page 22  
submitted during the previous month were true, accurate, and complete. The certification  
shall include a listing of the reports that are being certified. Any report submitted  
pursuant to paragraph (ii) of this subdivision that will be certified on a monthly basis  
pursuant to this paragraph shall include a statement that certification of the report will be  
provided within 30 days following the end of the calendar month.  
(4) With respect to compliance, each renewable operating permit shall contain terms  
and conditions necessary to ensure each of the following:  
(a) Incorporation into the renewable operating permit of a schedule of compliance.  
(b) For a stationary source that is not in compliance with all applicable requirements  
at the time of issuance of a renewable operating permit, the submission of progress  
reports to the department, consistent with an applicable schedule of compliance, at least  
semiannually or more frequently if specified in an applicable requirement or by the  
department in the permit. Progress reports shall contain the information specified in the  
following provisions:  
(i) The date or dates for achieving the activities, milestones, or compliance required  
in the schedule of compliance, and the date or dates when the activities, milestones, or  
compliance were achieved.  
(ii) An explanation of why any dates in the schedule of compliance were not or will  
not be met and a description of any preventive or corrective measures adopted.  
(c) A requirement that, at least annually, or more frequently if specified in an  
applicable requirement or by the department in the renewable operating permit, the  
responsible official shall certify, in writing, to the department and to the United States  
environmental protection agency, that the stationary source is and has been in compliance  
with all terms and conditions contained in the renewable operating permit, except for any  
deviations from compliance that have been or are being reported to the department. The  
certification shall state that, based on information and belief formed after reasonable  
inquiry, the statements and information in the certification are true, accurate, and  
complete. Each certification of compliance shall include all of the following information:  
(i) The identification of each term or condition of the permit that is the basis of the  
certification.  
(ii) The compliance status of the stationary source with respect to each identified  
term or condition.  
(iii) Whether compliance was continuous or intermittent.  
(iv) The methods used for determining the compliance status of the stationary  
source, currently and over the reporting period consistent with subrule (3)(a), (b), and (c)  
of this rule.  
(v) Other facts as the department may require in the permit that are necessary to  
determine the compliance status of the stationary source.  
(5) Each renewable operating permit shall provide for the following:  
(a) Each renewable operating permit shall specifically designate as not being  
enforceable under the clean air act any terms and conditions included in the permit that  
are not required under the clean air act or under any of its applicable requirements.  
Terms and conditions so designated are not subject to the requirements for review by the  
United States environmental protection agency or affected states under R 336.1214.  
Page 23  
(b) Each renewable operating permit shall specifically designate each federally  
enforceable applicable requirement previously established in a permit to install pursuant  
to R 336.1201.  
(6) Both of the following provisions apply to permit shields:  
(a) Except as provided in subdivision (b) of this subrule, each renewable operating  
permit shall include a permit shield provision stating that compliance with the conditions  
of the permit shall be considered compliance with any applicable requirements as of the  
date of permit issuance, if either of the following provisions is satisfied:  
(i) The applicable requirements are included and are specifically identified in the  
permit.  
(ii) The permit includes a determination or a summary of the determination by the  
department that other specifically identified requirements are not applicable to the  
stationary source.  
(b) Nothing in this subrule or in any renewable operating permit shall alter or affect  
any of the following:  
(i) The provisions of section 303 of the clean air act, emergency orders, including  
the authority of the administrator of the United States environmental protection agency  
under that section.  
(ii) The liability of an owner or operator of a stationary source for any violation of  
applicable requirements before or at the time of permit issuance.  
(iii) The applicable requirements of the acid rain program, consistent with  
section 408(a) of the clean air act.  
(iv) The ability of the United States environmental protection agency to obtain  
information from a stationary source pursuant to section 114 of the clean air act.  
(7) Each renewable operating permit shall be issued for a fixed term of not more  
than 5 years. Renewable operating permits that have terms of less than 5 years may be  
issued with the agreement of the department and the permit applicant. The terms and  
conditions of a renewable operating permit for affected sources under title IV of the clean  
air act that address the requirements of title IV shall be issued for a term of 5 years. The  
date of expiration of the renewable operating permit shall be specified in the permit.  
(8) A renewable operating permit shall include terms and conditions that allow a  
stationary source to switch its operation between reasonably anticipated operating  
scenarios if the scenarios have been identified by the stationary source in its application  
and found to be approvable by the department. The terms and conditions shall provide  
for all of the following:  
(a) Require the stationary source, contemporaneously with making a change from  
one operating scenario to another, to record, in a log at the stationary source, a record of  
the scenario under which the source is operating.  
(b) Extend the permit shield described in subrule (6) of this rule to all terms and  
conditions under each approved operating scenario.  
(c) Ensure that the terms and conditions of each approved alternative scenario meet  
all applicable requirements.  
(9) A renewable operating permit shall include terms and conditions for the trading  
of emissions increases and decreases among process emission units within the stationary  
source solely for the purpose of complying with an emissions cap that is established in  
the permit independent of otherwise applicable requirements, if the terms and conditions  
Page 24  
have been requested by a person in an application for a renewable operating permit. If a  
person wishes to include the terms and conditions in a renewable operating permit, the  
permit application shall include proposed replicable procedures and permit terms that the  
person believes ensure the emissions trades are quantifiable and enforceable. The terms  
and conditions shall include those necessary to meet the requirements of  
subrules (2) to (4) of this rule. The department shall not be required to include in the  
emissions trading provisions any emission units for which emissions are not quantifiable  
or for which there are no replicable procedures to enforce the emissions trades. The  
permit shall also require compliance with all applicable requirements. Both of the  
following provisions apply to the trading of emissions increases and decreases among  
emission units solely for the purpose of complying with an emissions cap:  
(a) A written notification to the department and the United States environmental  
protection agency is required 7 days in advance of any emissions trade under this subrule.  
The notice shall state when the change will occur and shall describe the changes in  
emissions that will result and how these increases and decreases in emissions will comply  
with the terms and conditions of the permit.  
(b) The permit shield described in subrule (6) of this rule shall extend to terms and  
conditions that allow the increases and decreases in emissions.  
(10) In addition to the other requirements of this rule, each renewable operating  
permit for an affected source under title IV of the clean air act shall include a permit  
condition prohibiting emissions exceeding any allowances that an affected source  
lawfully holds as of the allowance transfer deadline pursuant to the federal acid rain  
program, adopted by reference in R 336.1902. All of the following apply to allowances:  
(a) A permit revision shall not be required for increases in emissions that are  
authorized by allowances acquired pursuant to title IV of the clean air act if the increases  
do not require a permit revision under any other applicable requirement.  
(b) A limit shall not be placed on the number of allowances held by the affected  
source. The affected source may not, however, use allowances as a defense to  
noncompliance with any other applicable requirement.  
(c) Any allowance shall be accounted for according to the procedures established in  
regulations promulgated under title IV of the clean air act.  
(11) A renewable operating permit for a temporary source may authorize emissions  
from a stationary source at multiple temporary locations. An affected source under  
title IV of the clean air act shall not be permitted as a temporary source. In addition to  
the other requirements of this rule, permits for temporary sources shall include all of the  
following provisions:  
(a) Conditions that will assure compliance with all applicable requirements at all  
authorized locations.  
(b) Requirements that the owner or operator notify the department not less than 10  
days in advance of each change in location.  
(c) Conditions that assure compliance with all other provisions of this rule.  
(12) A renewable operating permit shall contain terms and conditions allowing for  
emission averaging and emission reduction credit trading pursuant to any applicable  
interstate or regional emissions trading program that has been approved by the  
administrator of the United States environmental protection agency as a part of  
Michigan's state implementation plan.  
Page 25  
History: 1995 AACS; 1996 AACS; 2001 AACS; 2008 AACS; 2016 AACS.  
R 336.1214 Approval of renewable operating permit.  
Rule 214. (1) After the department has received an administratively complete  
application and all additional information requested by the department pursuant to  
R 336.1210(3) for a renewable operating permit, significant modification to a renewable  
operating permit, or the renewal of a renewable operating permit, the department shall  
prepare a draft permit and a report that sets forth the applicable requirements and factual  
basis for the draft permit terms and conditions. The report shall include citations of the  
applicable requirements, an explanation of any equivalent requirements or other changes  
included in the draft permit pursuant to R 336.1213(2), and any determination made  
pursuant to R 336.1213(6)(a)(ii) regarding requirements that are not applicable to the  
stationary source where the draft permit contains only a summary of the determination.  
(2) The person who applied for the renewable operating permit shall be provided  
with a reasonable period of time, between 7 and 30 days, to review and comment on the  
draft renewable operating permit, draft renewable operating permit significant  
modification, or draft renewable operating permit renewal before the start of the public  
participation procedure specified in subrule (3) of this rule. If the person and the  
department cannot agree on the terms and conditions of the draft renewable operating  
permit, the terms and conditions that the department believes are necessary to comply  
with the requirements of R 336.1213 shall be incorporated into the draft renewable  
operating permit and the report required by subrule (1) of this rule shall include a  
discussion of the person's objections.  
(3) Except for modifications qualifying for administrative permit amendment  
procedures pursuant to R 336.1216(1) or minor permit modification procedures pursuant  
to R 336.1216(2), the draft renewable operating permit, draft renewable operating permit  
modification, or the draft renewable operating permit renewal shall be subjected to the  
following public participation procedure before the department submits a proposed  
renewable operating permit to the United States environmental protection agency for  
review pursuant to subrule (6) of this rule:  
(a) The department shall provide public notice by publication in a newspaper of  
general circulation in the area where the stationary source is located or in a state  
publication designed to give general public notice. Notice shall also be provided to  
persons on a mailing list maintained by the department, including persons who request, in  
writing, to be on that list, and to any person who requests, in writing, to be notified of a  
permit action involving a specific stationary source.  
(b) The notice shall set forth all of the following information:  
(i) The name of the stationary source.  
(ii) The name and mailing address of the responsible official.  
(iii) The mailing address of the department.  
(iv) The activity or activities involved in the proposed permit action.  
(v) The emissions change involved in any permit modification.  
(vi) The name, address, and telephone number of a representative of the department  
from whom interested persons may obtain additional information, including copies of the  
draft permit, the report required under subrule (1) of this rule, and, to the extent provided  
Page 26  
by the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the application  
and any other materials available to the department that are relevant to the permit  
decision.  
(vii) A brief description of the procedures to submit comments.  
(viii) The time and place of any hearing that may be held, including a statement of  
the procedures to request a hearing, unless a hearing has already been scheduled.  
(c) The department shall provide not less than 30 days for public comment and shall  
give notice of any public hearing not less than 30 days in advance of the hearing.  
(d) The department shall keep a record of the commenter’s and the issues raised  
during the public participation process and the records shall be available to the public.  
(4) The department shall give notice of each draft permit to any affected state on or  
before the time that the department provides notice to the public pursuant to subrule (3)  
of this rule, unless R 336.1216(2) requires the timing of the notice to be different. The  
department shall notify the administrator of the United States environmental protection  
agency and any affected state, in writing, of any refusal by the department to accept all  
recommendations for the proposed permit that the affected state submitted during the  
public comment period specified in subrule (3)(c) of this rule. The notice shall include  
the department's reasons for not accepting any recommendation. The department is not  
required to accept recommendations that are not based on applicable requirements.  
(5) After the completion of the public participation procedure specified in subrule  
(3) of this rule and the review by affected states specified in subrule (4) of this rule, the  
department shall prepare a proposed renewable operating permit, proposed renewable  
operating permit significant modification, or proposed renewable operating permit  
renewal. If the proposed renewable operating permit differs from the draft renewable  
operating permit in response to substantial and relevant comments from the public or  
affected states, the person who applied for the renewable operating permit shall be  
provided with a reasonable period of time, between 7 and 30 days, to review and  
comment on the changes before the transmittal of the proposed renewable operating  
permit to the United States environmental protection agency for review. If the person  
and the department cannot agree on the changes to the proposed renewable operating  
permit, the changes that the department believes are necessary to comply with the  
requirements of R 336.1213 shall be incorporated into the proposed renewable operating  
permit and the person's objections shall be included in the information transmitted to the  
United States environmental protection agency for review.  
(6) Except as provided in 40 C.F.R. §70.8(a)(1) and (2), adopted by reference in  
R 336.1902, and as provided in R 336.1210(14), the department shall transmit a copy of  
each administratively complete application for a renewable operating permit, including  
any application for a significant modification to a renewable operating permit or for  
renewal of a renewable operating permit, all additional information submitted pursuant to  
R 336.1210(3), the report prepared pursuant to subrule (1) of this rule, and the proposed  
renewable operating permit to the United States environmental protection agency. The  
department shall not take a final action to issue a renewable operating permit until 45  
days after the United States environmental protection agency has received all the  
information specified in this subrule and subrule (4) of this rule. If the administrator of  
the United States environmental protection agency objects, in writing, to the renewable  
operating permit before the end of the 45-day review period specified in this subrule, the  
Page 27  
department shall not issue the renewable operating permit until the administrator's  
objection has been resolved. The department shall follow the procedure specified in  
40 C.F.R. §70.8(c), adopted by reference in R 336.1902, to resolve the objection. The  
application shield provided by R 336.1210(1) shall continue to apply to the stationary  
source, consistent with the provisions of R 336.1210, until the department takes final  
action on the renewable operating permit.  
(7) The department shall make a final decision to issue or deny a renewable  
operating permit, a significant modification to a renewable operating permit, or the  
renewal of a renewable operating permit after completion of the review by the United  
States environmental protection agency specified in subrule (6) of this rule. The final  
renewable operating permit shall contain all terms and conditions determined by the  
department to be necessary pursuant to R 336.1213, after consideration of all comments  
received during public participation pursuant to subrule (3) of this rule and affected state  
review pursuant to subrule (4) of this rule, including any terms and conditions necessary  
to resolve any objection by the administrator of the United States environmental  
protection agency pursuant to subrule (6) of this rule. The department shall transmit a  
copy of each final renewable operating permit to the United States environmental  
protection agency. A person aggrieved by the issuance, denial, modification, or renewal  
of a renewable operating permit may appeal the final decision as provided in section  
5506(14) of the act.  
(8) Any person may petition the administrator of the United States environmental  
protection agency to make an objection regarding a renewable operating permit pursuant  
to 40 C.F.R. §70.8(d), adopted by reference in R 336.1902. The petition shall be filed  
within 60 days after the expiration of the administrator's 45-day review period specified  
in subrule (6) of this rule and 40 C.F.R. §70.8(c), adopted by reference in R 336.1902.  
The petition shall be based only on an objection to the renewable operating permit that  
was raised with reasonable specificity during the public comment period provided for in  
subrule (3)(c) of this rule, unless the petitioner demonstrates that it was impracticable to  
raise the objection during the public comment period or unless the grounds for the  
objection arose after the public comment period. A petition for review does not stay the  
effectiveness of a renewable operating permit or its requirements if the renewable  
operating permit was issued after the end of the 45-day review period and before the  
department received an objection by the administrator. If the administrator of the United  
States environmental protection agency objects to the renewable operating permit as a  
result of a petition filed pursuant to 40 C.F.R. §70.8(d), adopted by reference in  
R 336.1902, before the department has issued the renewable operating permit, the  
department shall not issue the renewable operating permit until the administrator's  
objection has been resolved. The application shield provided by R 336.1210(1) shall  
continue to apply to the stationary source, consistent with the provisions of R 336.1210,  
until the department takes final action on the renewable operating permit. If the  
administrator of the United States environmental protection agency objects to the  
renewable operating permit as a result of a petition filed pursuant to 40 C.F.R. §70.8(d)  
after the department has issued the renewable operating permit, the department shall  
follow the procedure specified in 40 C.F.R. §70.7(g), adopted by reference in  
R 336.1902, to resolve the objection.  
History: 1995 AACS; 1996 AACS; 2001 AACS; 2008 AACS; 2012 AACS; 2016 AACS.  
Page 28  
R 336.1214a Consolidation of permits to install within renewable operating  
permit.  
Rule 214a. (1) The department shall issue a source-wide permit to install concurrent  
with each issuance and renewal of a renewable operating permit pursuant to R 336.1214  
and each reissuance of a renewable operating permit pursuant to R 336.1217(2)(b). The  
source-wide permit to install shall be contained in the same document as the renewable  
operating permit. The source-wide permit to install shall specifically identify,  
consolidate, and incorporate all federally enforceable terms and conditions of existing  
permits to install into the renewable operating permit in accordance with the provisions  
of R 336.1212(5) and the permit content requirements of R 336.1213.  
(2) The source-wide permit to install is updated whenever a new process-specific  
permit to install is incorporated into the renewable operating permit in accordance with  
the provisions of R 336.1216.  
(3) Both of the following provisions apply to the incorporation of terms and  
conditions of a permit to install into a renewable operating permit:  
(a) Within the renewable operating permit, each federally enforceable term or  
condition that originated in a permit to install shall be specifically identified with an  
applicable requirement citation of R 336.1201(1)(a). This citation is in addition to the  
R 336.1213(2)(a) underlying applicable requirement citation. Each term or condition of  
the renewable operating permit with an applicable requirement citation of  
R 336.1201(1)(a) shall be considered a term or condition of the source-wide permit to  
install issued pursuant to this rule.  
(b) A federally enforceable term or condition of a renewable operating permit shall  
be considered a term or condition of the source-wide permit to install issued pursuant to  
this rule, if it can be reasonably demonstrated that the federally enforceable term or  
condition originated in a permit to install issued pursuant to R 336.1201. Each term or  
condition in a renewable operating permit issued before the effective date of this rule  
with any of the following underlying applicable requirements, identified pursuant to R  
336.1213(2)(a), shall be considered a term or condition of the source-wide permit to  
install issued pursuant to this rule:  
(i) R 336.1201, R 336.1201a.  
(ii) Title 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in  
R 336.1902.  
(iii) R 336.1301(1)(c), R 336.1301(4), and R 336.1331(1)(c).  
(iv) R 336.1403(4).  
(v) R 336.1702, R 336.1705, R 336.1706, R 336.1708, R 336.1709, and R  
336.1710.  
(vi) R 336.2415.  
(vii) Title 40 C.F.R. §52.21, adopted by reference in R 336.1902.  
(viii) R 336.2801 to R 336.2819 and R 336.2823.  
(ix) R 336.2901 to R 336.2903, R 336.2907, and R 336.2908.  
(4) The source-wide permit to install replaces all existing permits to install, in  
accordance with R 336.1201(6)(b). Although the source-wide permit to install and the  
renewable operating permit are contained in the same document, the source-wide permit  
Page 29  
to install maintains its own authority under section 5505 of the act. If the renewable  
operating permit expires or is voided, the source-wide permit to install remains in effect,  
unless the criteria of R 336.1201(6)(a) or (c) are met.  
(5) State-only enforceable terms and conditions from a permit to install that have  
been incorporated into a renewable operating permit shall be considered terms and  
conditions of a state-only enforceable permit to install established pursuant to R  
336.1201(2)(d). If the renewable operating permit later expires or is voided, the state-  
only enforceable permit to install does not expire, nor is it voided, unless the criteria of R  
336.1201(6)(a) or (c) are met.  
(6) Nothing in this rule shall relieve the requirement to obtain a permit to install  
pursuant to R 336.1201(1) for newly constructed, modified, reconstructed, or relocated  
process or process equipment that emits an air contaminant.  
History: 2003 AACS; 2008 AACS; 2016 AACS.  
R 336.1215  
Operational flexibility; emissions trading activities between  
stationary sources, off-permit changes, insignificant changes, and responsible  
official changes for a renewable operating permit.  
Rule 215. (1) The following provisions apply to operational flexibility within a  
stationary source. As provided in 40 C.F.R. §70.4(b)(12), adopted by reference in  
R 336.1902, a person may make either of the following changes to process or process  
equipment within a stationary source covered by a renewable operating permit without a  
revision to that permit, if the changes are not a modification under any applicable  
provision of title I of the clean air act and the changes do not exceed the emissions  
allowable under the renewable operating permit, whether expressed therein as a rate of  
emissions or in the terms of total emissions, if the person provides written notification to  
the department and the United States environmental protection agency at least 7 days  
prior to the change. The permittee and the department shall attach each such notice to  
their copy of the relevant permit:  
(a) As provided in 40 C.F.R. §70.2 and §70.4(b)(12)(i), adopted by reference in  
R 336.1902, a person may make changes that contravene a specific permit condition, if  
the changes are not modifications under any provision of title I of the clean air act and the  
changes do not exceed the emissions allowable under the renewable operating permit,  
whether expressed therein as a rate of emissions or in terms of total emissions. Such  
changes do not include changes that would violate applicable requirements or contravene  
federally enforceable permit terms and conditions that are monitoring, including test  
methods, recordkeeping, reporting, or compliance certification requirements. For each  
such change, the written notification required in this subrule shall include all of the  
following information:  
(i) A brief description of the change within the stationary source.  
(ii) The date on which the change will occur.  
(iii) Any change in emissions.  
(iv) Any permit term or condition that is no longer applicable as a result of the  
change.  
(b) As provided in 40 C.F.R. §70.4(b)(12)(ii), adopted by reference in R 336.1902, a  
person may trade increases and decreases in emissions within the stationary source  
Page 30  
according to procedures specified by an applicable emissions trading program that has  
been approved by the administrator of the United States environmental protection agency  
as a part of Michigan's state implementation plan, if the person has provided written  
notification to the department and the United States environmental protection agency of  
the changes at least 7 days prior to the activity taking place.  
(i) The written notification required in this subdivision shall include all information  
required by the approved state implementation plan, including at a minimum, all of the  
following information:  
(A) When the proposed change will occur.  
(B) A description of each such change.  
(C) Any change in emissions.  
(D) The permit requirements with which the stationary source will comply using the  
emissions trading provisions of the approved state implementation plan for trading within  
a stationary source.  
(E) The pollutants emitted subject to the emissions trade.  
(F) The provisions of the approved state implementation plan with which the  
stationary source will comply and which provide for the emissions trade within the  
stationary source.  
(ii) Compliance with the permit requirements that the stationary source will meet  
using the emissions trade shall be determined according to the requirements of the  
approved state implementation plan authorizing the emissions trade within the stationary  
source.  
(c) For the purposes of this subrule, the emissions allowable under the renewable  
operating permit include any emission limitation, standard, or condition, including a work  
practice standard, that is required by an applicable requirement or any emission  
limitation, standard, or condition, including a work practice standard, that establishes an  
emissions cap which the source has assumed to avoid an applicable requirement.  
(2) The following provisions apply to emission reduction credits trading between  
stationary sources. As provided in 40 C.F.R. §70.6(a)(8), adopted by reference in  
R 336.1902, a person may make any changes without revision to the renewable operating  
permit where provided for in the renewable operating permit and allowed by an  
applicable interstate or regional emissions trading program that has been approved by the  
administrator of the United States environmental protection agency.  
(3) The following provisions apply to off-permit changes. As provided in  
40 C.F.R. §70.4(b)(14) and (15), adopted by reference in R 336.1902, a person may  
make a change at a stationary source covered by a renewable operating permit that is  
not addressed or prohibited by the renewable operating permit without a revision to the  
renewable operating permit, if all of the following provisions are met:  
(a) The change complies with all applicable requirements and is not a modification  
under any applicable provision of title I of the clean air act.  
(b) If the stationary source is an affected source under title IV of the clean air act,  
the change is not contrary to any applicable requirement of title IV.  
(c) The person provides contemporaneous written notification to the department and  
the United States environmental protection agency of each change. The written notice  
shall describe the change, including all of the following information:  
(i) The date of the change.  
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(ii) Any change in emissions.  
(iii) Any pollutants emitted.  
(iv) Any applicable requirement that would apply as a result of the change.  
(v) A statement that the notification is being provided pursuant to this subrule.  
(d) The person keeps a record describing changes made at the stationary source that  
result in emissions of an air contaminant which are subject to an applicable requirement,  
but not otherwise regulated under the permit, and the emissions resulting from the  
changes.  
(4) The following provisions apply to insignificant changes. A person may make a  
change at a stationary source covered by a renewable operating permit that involves the  
insignificant activities listed pursuant to R 336.1212(2) or that involves the installation,  
construction, reconstruction, relocation, alteration, or modification of any process or  
process equipment listed pursuant to R 336.1212(3) and (4) without a revision to the  
renewable operating permit, if none of the following provisions apply to the change:  
(a) The change would result in a violation of any applicable requirement.  
(b) The change would require or modify any of the following:  
(i) A case-by-case determination of an emission limitation or other standard.  
(ii) For temporary sources, a source-specific determination of ambient air impacts.  
(iii) A visibility or increment analysis.  
(c) The change would seek to establish or modify an emission limit, standard, or  
other condition of the renewable operating permit that the stationary source has assumed  
to avoid an applicable requirement to which the stationary source would otherwise be  
subject.  
(d) The change is a major offset modification or a modification under any applicable  
requirements of sections 111 or 112, or part C of title I of the clean air act.  
(5) Contemporaneous written notification shall be made to the department upon a  
change of address, name, or phone number of the responsible official or other contact  
person identified in the application for the renewable operating permit.  
(6) Changes made pursuant to this rule do not qualify for the permit shield provided  
by R 336.1213(6).  
History: 1995 AACS; 1996 AACS; 2001 AACS; 2016 AACS.  
R 336.1216 Modifications to renewable operating permits.  
Rule 216. (1) All of the following provisions apply to administrative permit  
amendments:  
(a) An administrative permit amendment is a modification to a renewable operating  
permit that involves any of the following:  
(i) A change that corrects typographical errors.  
(ii) A minor administrative change at the stationary source.  
(iii) A change that provides for more frequent monitoring or reporting.  
(iv) A change in the ownership or operational control of a stationary source where  
the department determines that no other change in the permit is necessary, if a written  
agreement containing a specific date for transfer of permit responsibility, coverage, and  
liability between the current and new owner or operator has been submitted to the  
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department. The new owner or operator shall also notify the department of any change in  
the responsible official or contact person regarding the renewable operating permit.  
(v) A change that incorporates into the renewable operating permit the terms and  
conditions of a permit to install issued pursuant to R 336.1201, if the permit to install  
includes terms and conditions that comply with the permit content requirements  
contained in R 336.1213, the procedure used to issue the permit to install was  
substantially equivalent to the requirements of R 336.1214(3) and (4) regarding public  
participation and review by affected states, the process or process equipment is in  
compliance with, and no changes are required to, the terms and conditions of the permit  
to install that are to be incorporated into the renewable operating permit, and both of the  
following have occurred:  
(A) A person has notified the department, in writing, within 30 days after  
completion of the installation, construction, reconstruction, relocation, or modification of  
the process or process equipment covered by the permit to install, unless a different time  
frame is specified by an applicable requirement and required by the permit to install.  
(B) Upon completion of all testing, monitoring, and recordkeeping required by the  
terms and conditions of the permit to install, but not later than 12 months after the date of  
completion reported in subparagraph (A) of this paragraph unless a different time frame  
is specified in the permit to install, a person has requested that the contents of the permit  
to install be incorporated into the renewable operating permit as an administrative permit  
amendment. T