Michigan Administrative Code › Department - Environmental Quality › Air Quality Division › Part 2 - AIR USE APPROVAL › Section R. 336.1210 - Renewable operating permits

Current through Vol. 24-12, July 15, 2024
Rule 210.
(1) A
				person shall not operate any emission units located at a stationary source
				required to obtain a renewable operating permit under
				R 336.1211, except in compliance
				with all applicable terms and conditions of a renewable operating permit,
				unless a timely and administratively complete application for a renewable
				operating permit has been received by the department in accordance with the
				provisions of this rule.
The ability to operate the emission units at a stationary
				  source while a timely and administratively complete application is being
				  reviewed and acted upon by the department shall be referred to as the
				  "application shield." The application shield provided by this subrule shall not
				  apply if an application submittal is not timely under the applicable provision
				  of subrules (4) to (10) of this rule, administratively complete under subrule
				  (2) of this rule, or an additional information submittal is not timely or
				  complete under subrule (3) of this rule. The loss of the application shield
				  after the applicable time specified in this rule for a person to have filed a
				  timely and administratively complete application for a renewable operating
				  permit is grounds for enforcement action under the act. Any enforcement action
				  pursuant to loss of the application shield shall consider the time period
				  between the applicable deadline and when a person actually submits the required
				  administratively complete application or additional information.
(2) An application submittal,
				including an application submittal for renewal or modification of a renewable
				operating permit, shall be considered an administratively complete application
				if it contains reasonable responses to all requests for information in the
				permit application form required by the department and a certification by a
				responsible official which states that, based on information and belief formed
				after reasonable inquiry, the statements and information in the application are
				true, accurate, and complete. The application form required by the department
				shall be consistent with the requirements of section 5507 of the act, except as
				provided for under
				R
				336.1218. The application form shall also require a
				certification of compliance with all applicable requirements, a statement of
				methods used for determining compliance, including a description of monitoring,
				recordkeeping and reporting requirements, and test methods, and a statement
				indicating the stationary source's compliance status with any applicable
				enhanced monitoring and compliance certification requirements of the clean air
				act. All of the following provisions apply to the administrative completeness
				of an application for a renewable operating permit:
(a) The department shall notify the person
				who submitted the application for a renewable operating permit and the
				responsible official, in writing, regarding the administrative completeness of
				the application submittal. If the application submittal is considered not to be
				an administratively complete application by the department, then the
				notification shall specify the deficiency and all supplemental materials
				required for an administratively complete application. A person's response to a
				notification by the department of the incompleteness of an application shall
				include all of the supplemental materials requested by the department in the
				notification and a certification by the responsible official which states that,
				based on information and belief formed after reasonable inquiry, the statements
				and information in the response are true, accurate, and complete. All of the
				following provisions apply to department notification:
(i) If the department fails to notify a
				person that an application submittal, including the submittal of any
				supplemental materials requested by the department under this subdivision, is
				not administratively complete by the following deadlines, then the submittal
				shall be considered an administratively complete application as of the date the
				department received the submittal or the supplemental materials, whichever is
				later:
(A) Within 60 days of the date the
				department receives the submittal, if the submittal is received on the paper
				forms specified by the department.
(B) Within 15 days of the date the department
				receives the submittal, if the submittal is received in an electronic format
				specified by the department.