Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 2 - AIR USE APPROVAL › Section R. 336.1214 - Approval of renewable operating permit

Current through Vol. 24-12, July 15, 2024
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 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 commenters and the issues raised during the public
				participation process and the records shall be available to the
				public.