WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	Eight areas are in marginal nonattainment for the 8-hr ozone standard, with one area being designated Subpart 1; seven areas are designated nonattainment for PM-2.5. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 for listed sources) of any criteria pollutant for attainment areas; 100 tons for nonattainment areas.
Minor Source Permitting Exemption	Size based. See below
Minor Source Treatment	Emission limits: opacity and PM limits
Emergency Generating Limits	Opacity, SO2 and SOTA

 

DE MINIMIS EXEMPTIONS

Sources that have a heat input less than the following are exempt from permitting:

• IC engines: 10 MMBtu/hr
• Units burning natural gas: 50 MMBtu/hr
• Units burning low sulfur (0.40 % sulfur) distillate oil: 20 MMBtu/hr

These sources are not required to notify the state prior to installation of the unit but it is recommended that they document the exemption in their internal records.

MINOR SOURCE PERMITTING

Sources that are larger than the exempted sizes above must obtain a minor source permit. The state generally requires state-of-the-art (SOTA) combustion systems for these units, but no post-combustion controls. There is a 20% opacity limit and a 1.5% fuel sulfur limit. Fuel burning equipment located in Wayne County must meet a fuel sulfur limit of 0.75% unless the operation has received a written exemption. Modeling may be required to determine ambient impact if any, but this is usually done by the state. Other determinations are made on a case-by-case basis.

Stationary internal combustion engines must meet NOx limits of 14 g/bhp for natural gas and 10 g/bhp for diesel.

There is a 30 day public comment period, but generally only for synthetic minor sources. The entire permitting process can take from 3 months to a year. The state is supposed to issue a preliminary determination and put the permit out for public notice within 120 days of receiving an administratively complete application.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons (100 tons listed sources) per year of a criteria pollutant triggers PSD.

TREATMENT OF EMERGENCY ENGINES

Emergency engines generally obtain a permit that limits operation to 500 hours per year.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

The Michigan Public Service Commission does not regulate onsite electrical generators in Michigan that are not owned by a regulated utility company, unless they intend to sell excess capacity to retail customers. (see Michigan Compiled Laws, 460.10e). There is no reporting requirement for onsite electrical generators to provide information to the Michigan PSC about construction plans or progress in Michigan. Merchant plants being constructed in Michigan are usually required to obtain approvals from local land-use and zoning authorities, and environmental permits. Plants that have been publicly announced or proposed may not yet have received all required approvals and permits.

Click here for further information about merchant plants in Michigan.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Michigan enforces the Michigan Construction Code, which contains the 2006 Michigan Building Code. Currently, the building code references the 2006 IBC with some exceptions. These codes may not be amended. Localities may either adopt the state code or another model building code.

• Bureau of Construction Codes

Energy Codes: Michigan enforces the Michigan Uniform Energy Code as part of the Michigan Construction Code. Currently, this code is based on ASHRAE 90.1-1999. However, updates referencing the 2006 IECC are currently being developed.

• Energy Office

Fire Codes: Michigan enforces the State Rules for Fire Prevention, which is based on NFPA 1: The Uniform Fire Code (version unknown). [1]

• State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project

INTERCONNECTION REQUIREMENTS:

The Michigan Public Service Commission (PSC) is in the process of creating a revised set of draft rules. Formal rulemaking on the draft rules is expected to begin soon (as of 09/22/08).

On February 22, 2007, following an investigation to identify deficiencies in existing interconnection procedures and to develop remedies, the Michigan Public Service Commission (PSC) improved interconnection standards for independent power producers via recommendations submitted in a report to the commission January 31, 2007 (Case #U-15113 and U-15239). In February 2008, revised draft interconnection standards were issued.

For more information contact the PSC.

Michigan Public Service Commission
Operations & Wholesale Markets Division
P.O. Box 30221
Lansing, MI 48909
Julie Baldwin
Phone: (517) 241-6115
E-Mail:baldwinj2@michigan.gov

EXIT FEES:

There are no exit fees for DG in the state of Michigan due to Senate Bill SB 937 (2000), Public Act 141, Section 10a, (6)

UTILITY STANDBY RATES:

Michigan does not have a state-wide policy on standby rates. Relevant provisions for Ohio utilities are summarized below.

Detroit Edison Co - Rider No. 3: Standby service capacity is set by a contract and a small reservation fee is paid each month based on the contracted demand. Actual usage is billed under the regular rate according to facility size and type. Billing demand is based on the higher of the maximum 30 minute demand of the month or 65% of the maximum demand from the previous period of June-Oct. Detailed rate information available at: http://my.dteenergy.com/otherInformation/pdfs/detroitEdisonTariff.pdf

Consumers Energy Company - Auxiliary or Standby Service Rate: Standby service capacity is set by a contract and a customer fee and small reservation fee is paid each month based on the contracted demand. Actual usage is charged under a regular tariff with demand and energy charges. Billing demand is based on the maximum 15 minute demand of the month with a 12 month ratchet. Detailed rate information is available at: http://www.consumersenergy.com/tariffs.nsf/Electric_Page?OpenPage