Michigan Administrative Code
Department - Environmental Quality
Air Quality Division
Part 2 - AIR USE APPROVAL
Section R. 336.1217 - Renewals and reopenings of renewable operating permits
Universal Citation: MI Admin Code R. 336.1217
Current through Vol. 24-04, March 15, 2024
Rule 217.
(1) All of the following provisions apply to renewals of renewable operating permits:
(a) If a timely and administratively complete
application for the renewal of a renewable operating permit is submitted,
consistent with
R
336.1210(9), and timely and complete
additional information is submitted, consistent with
R
336.1210(3), but the department has
failed to take final action to issue or deny the renewal permit before the end
of the term of the previous permit, then the existing renewable operating
permit shall not expire until the renewal permit has been issued or denied and
any permit shield that may be granted pursuant to
R
336.1213(6) shall extend beyond the
original permit term until the department takes final action on the renewal
permit.
(b) Renewable operating
permits that are being renewed are subject to the same procedural requirements,
including the requirements for public participation and for review by affected
states and the United States environmental protection agency, and the same
provisions for appeal that apply to initial issuance of renewable operating
permits pursuant to
R
336.1214.
(c) Expiration of a renewable operating
permit results in the loss of the permit shield provided in
R
336.1213(6).
(2) All of the following provisions apply to the reopening for cause of renewable operating permits:
(a) Each renewable operating permit shall
include provisions specifying the conditions under which the department shall
reopen the renewable operating permit before the expiration of the permit. A
permit shall be reopened and revised by the department under any of the
following circumstances:
(i) To incorporate
new applicable requirements issued or promulgated after the issuance of the
renewable operating permit, if 3 or more years remain in the term of the
permit. The revision shall occur as expeditiously as practicable, but not later
than 18 months after promulgation of the applicable requirement. A revision is
not required if the effective date of the new applicable requirement is later
than the date on which the permit is due to expire, unless the original permit
or any of its terms and conditions has been extended beyond the effective date
of the new applicable requirement pursuant to subrule (1)(a) of this
rule.
(ii) To incorporate new
applicable standards and requirements for affected sources pursuant to title IV
of the clean air act.
(iii) If the
department determines that the permit contains a material mistake, that
information required by any applicable requirement was omitted, or that
inaccurate statements were made in establishing the emission limitations or
standards or the terms and conditions of the permit.
(iv) If the department determines that the
permit must be revised to ensure compliance with the applicable
requirements.
(b)
Proceedings to reopen and issue a revised renewable operating permit shall
follow the same procedures, including the procedures for public participation
and for review by affected states and the United States environmental
protection agency, and the same provisions for appeal that apply to the initial
issuance of a renewable operating permit pursuant to
R
336.1214. Any proceeding to reopen and issue a revised
renewable operating permit shall affect only those parts of the permit for
which cause to reopen exists. The department shall reopen a renewable operating
permit as expeditiously as possible after it discovers that cause exists to
reopen.
(c) The department shall
not initiate a reopening of a renewable operating permit pursuant to subrule
(2)(a) of this rule before providing a notice of intent to reopen the renewable
operating permit to the owner or operator of the stationary source. The notice
shall be provided not less than 30 days in advance of the date that the
renewable operating permit is to be reopened and shall specify the reasons for
the reopening.
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