Protecting and Promoting Your Interests

EGLE Now Requiring AERs for Inactive Portable Facilities Under NSPS OOO

MAA was recently informed that the Michigan Department of Environment, Great Lakes, and Energy’s (EGLE) Air Quality Division (AQD) will now require inactive portable facilities subject to 40 CFR Part 60 Subpart OOO — Standards of Performance for Nonmetallic Mineral Processing Plants to submit an Annual Emissions Report (AER).

This new requirement ensures that EGLE receives a yearly confirmation of whether equipment has remained inactive or has returned to operation. The AER submission will verify that no activities or emissions took place and will also alert EGLE when a portable source becomes active again, even in cases where a relocation notice is not submitted.

Submitting the AER, along with the Annual Equipment Inventory Review (EIR), allows EGLE to determine which facilities have been inactive long enough to qualify for fee waivers under AQD Policy & Procedure AQD-035: Waivers Affecting Fee Assessment; Closures Affecting Fee Applicability. These reports also help the AQD maintain accurate records of operational status for all facilities subject to NSPS OOO.

In previous years, EGLE often left inactive portable facilities outside of the emissions reporting system. The AQD Emissions Reporting Unit has now incorporated these facilities into the annual process to ensure a consistent, official status report each year. This improves tracking of inactive sites and helps determine when the fee waiver should remain in place or be removed once operations resume.

EGLE has also updated AQD-035 to reflect these changes. Notably, facilities that have remained inactive for two or more calendar years will continue to be eligible for the fee waiver. The enhanced reporting structure simply ensures EGLE has verified information to support maintaining or reinstating that waiver.

For more details, click below to access EGLE’s referenced documents: Please contact the MAA office at 517-381-1732 if you have any questions.