Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 2 - AIR USE APPROVAL › Section R. 336.1213 - Content of renewable operating permit

Current through Vol. 24-12, July 15, 2024
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.
(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.