Michigan Laws 324.5507 – Administratively complete action; exemption from information requirements; “compliance plan” defined
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(1) An administratively complete application means an application for an operating permit required in section 5506 that is submitted on standard application forms provided by the department and includes all of the following:
(a) Source identifying information, including company name and address, owner’s name, and the names, addresses, and telephone numbers of the responsible official and permit contact person.
Terms Used In Michigan Laws 324.5507
- Air pollution: means the presence in the outdoor atmosphere of air contaminants in quantities, of characteristics, under conditions and circumstances, and of a duration that are or can become injurious to human health or welfare, to animal life, to plant life, or to property, or that interfere with the enjoyment of life and property in this state. See Michigan Laws 324.5501
- Clean air act: means chapter 360, 69 Stat 322, 42 USC 7401 to 7671q, and regulations promulgated under the clean air act. See Michigan Laws 324.5501
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Emission: means the emission of an air contaminant. See Michigan Laws 324.5501
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Responsible official: means , for the purposes of signing and certifying as to the truth, accuracy, and completeness of permit applications, monitoring reports, and compliance certifications, any of the following:
(i) For a corporation: a president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or an authorized representative of that person if the representative is responsible for the overall operation of 1 or more manufacturing, production, or operating facilities applying for or subject to a permit under this part and either the facilities employ more than 250 persons or have annual sales or expenditures exceeding $25,000,000. See Michigan Laws 324.5501Schedule of compliance: means , for a source not in compliance with all applicable requirements of this part, rules promulgated under this part, and the clean air act at the time of issuance of an operating permit, a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an applicable requirement and a schedule for submission of certified progress reports at least every 6 months. See Michigan Laws 324.5501 Source: means a stationary source as defined in 42 USC 7602, and has the same meaning as stationary source when used in comparable or applicable circumstances under the clean air act. See Michigan Laws 324.5501 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) A description of the source’s processes and products using the applicable standard industrial classification codes.
(c) A description of all emissions of air contaminants emitted by the source that are regulated under this part, the rules promulgated under this part, and the clean air act.
(d) A schedule for submission of annual compliance certifications during the permit term, unless more frequent certifications are specified by an underlying applicable requirement.
(e) A certification by a responsible official of the truth, accuracy, and completeness of the application. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, accurate, and complete.
(f) For each process, except for any insignificant processes listed by the department pursuant to subsection (2), all of the following:
(i) A description of the process using the standard classification code.
(ii) Citation and description of all applicable requirements, including any applicable test method for determining compliance with each applicable requirement.
(iii) Actual and allowable emission rates in tons per year and in terms that are necessary to establish compliance with all applicable emission limitations and standards, including all calculations used to determine those emission rates. Actual emission information shall be used for verifying the compliance status of the process with all applicable requirements. Actual emission information shall not be used, except at the request of the permit applicant, to establish new emission limitations or standards or to modify existing emission limitations or standards unless such limitation or standard is required to assure compliance with a specific applicable requirement.
(iv) Information on fuels, fuel use, raw materials, production rates, and operating schedules, to the extent it is needed to determine or regulate emissions.
(v) Limitations on source operation affecting emissions or any work practice standards, if applicable.
(vi) Identification and description of air pollution control equipment and compliance monitoring devices or activities.
(vii) Identification and description of all emission points in sufficient detail to establish the basis for fees or to determine applicable requirements.
(viii) Other information required by any applicable requirement.
(ix) A statement of the methods proposed to be used for determining compliance with the applicable requirements under the operating permit, including a description of monitoring, record keeping, and reporting requirements and test methods.
(x) An explanation of any proposed exemptions from otherwise applicable requirements.
(xi) Information necessary to define any alternative operating scenarios that are to be included in the operating permit or to define permit terms and conditions implementing section 5506(4)(l).
(xii) A compliance plan.
(xiii) A schedule of compliance.
(2) The department shall promulgate a list of insignificant processes or activities, which are exempt from all or part of the information requirements of this section. For any insignificant processes or activities that are exempt because of size or production rate, the application shall include a list of the insignificant processes and activities.
(3) As used in section 5506 and this section, “compliance plan” means a description of the compliance status of the source with respect to all applicable requirements for each process as follows:
(a) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
(b) For applicable requirements that will become effective during the permit term, a statement that the source will meet these requirements on a timely basis.
(c) For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.