R 336.1218 General renewable operating permits.

Rule 218. (1) The department may, after notice and opportunity for public participation and review by affected states and the United States environmental protection agency consistent with R 336.1214(3), (4), and (6), issue a general renewable operating permit covering numerous similar stationary sources. Any general renewable operating permit shall comply with all requirements applicable to other renewable operating permits and shall identify criteria by which stationary sources may qualify for the general renewable operating permit. The department shall grant the terms and conditions of the general renewable operating permit to stationary sources that qualify. Notwithstanding the permit shield provisions of R 336.1213(6), the owner or operator of a stationary source shall be subject to enforcement action for operation without a renewable operating permit if the department later determines that the stationary source does not qualify for the general renewable operating permit. The department shall not authorize general renewable operating permits for affected sources under the acid rain program, unless otherwise provided in regulations promulgated under title IV of the clean air act. (2) The owner or operator of a stationary source that meets the criteria specified in R 336.1211 and who would qualify for a general renewable operating permit issued by the department pursuant to subrule (1) of this rule, shall either apply to the department for coverage under the terms of the general renewable operating permit or apply for a renewable operating permit consistent with R 336.1210. The department may, in the general renewable operating permit, provide for applications that deviate from the administrative completeness requirements of section 5507 of the act, if the applications meet the requirements of title V of the clean air act and include all information necessary to determine qualification for, and to assure compliance with, the general renewable operating permit. Without repeating the public participation and review by affected states and the United States environmental protection agency required under R 336.1214(3), (4), and (6), the department may grant a request by a person for authorization to operate under a general renewable operating permit, but the granting shall not be a final permit action for purposes of judicial review.