The 1990 amendments to the federal Clean Air Act included the Title IV "Acid Deposition Control" provisions.  The federal regulations to implement the Title IV program include the provisions of Parts 72, 74 and 76 of Title 40 of the Code of Federal Regulations.  Michigan has adopted the federal regulations by reference. The Michigan Department of Environmental Quality, Air Quality Division (AQD) is the authority responsible for issuance of Phase II acid rain permits in Michigan.

The first Phase II Acid Rain Permits for sulfur dioxide (SO2) requirements were issued in Michigan as of December 16, 1997. In accordance with the federal requirements, these Phase II Acid Rain Permits for coal fired facilities were reopened to add nitrogen oxide (NOx) emission limits.

Acid rain permit applications for new units are required to be submitted 24 months before the unit commences operation. These acid rain permits are valid for a maximum of 5 years. The permit renewal applications and NOx compliance plans (if applicable) are submitted at the same time as the associated Title V ROP renewal application. A copy of these applications should be sent to the appropriate AQD district office and also to Brian Carley, MDEQ-AQD, 301 E. Louis Glick Hwy., Jackson, MI 49201

All Title IV requirements are incorporated as an appendix (generally, Appendix 9) of the ROP.  For the new or renewal Phase II acid rain permits, the requirements are incorporated into the ROP upon issuance or upon renewal of the ROP.

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