Section R. 336.2413 - Waivers to commence construction and operationRule 1413.
(1) Before the approval of a permit to install required pursuant to these rules, a clean corporate citizen may request a department waiver to proceed with construction and, if desired, operation of process or process equipment at an existing stationary source. The request for a waiver shall be in writing, shall be accompanied by an administratively complete application for a permit to install, shall not include proposed process or process equipment prohibited by federal requirements from commencing construction or operation before issuance of an approved permit, and shall be signed by the owner or the owner's authorized agent. The request for a waiver shall be automatically approved 15 calendar days after receipt of the request and required information, unless, within the 15-calendar-day period, either the request is denied in writing for cause by the department or an extension of up to 15 additional calendar days is specified in writing by the department. If the time period is extended, the request for a waiver shall be automatically approved at the end of the extended time period, unless the request for a waiver is denied by the department within the extended time period.(2) If a waiver is approved, the clean corporate citizen applicant shall comply with all of the following provisions:(a) Submit all pertinent information, including plans and specifications, necessary for a technically complete application for a permit to install as soon as is reasonably practical.(b) Be authorized to proceed to construct and operate the process or process equipment according to the terms of the approved waiver at the applicant's own risk.(c) Comply with all federal, state, and local air quality requirements applicable to the process or process equipment covered by the approved waiver at all times. The applicable requirements may include, but not be limited to, any of the following: (i) Emissions limitations.(ii) Operation limitations.(v) Continuous emissions monitoring.(3) Operation of the process or process equipment under a waiver does not relieve the applicant from civil fines for violations of the provisions in subrule (2)(a) to (c) if any of the following are met:(a) The applicant failed to act promptly to correct the violations after discovery.(b) The applicant failed to report the violations to the department within 24 hours of discovery.(c) The violations pose or posed a substantial endangerment to the public health, safety, or welfare.(d) The violations were intentional or occurred as a result of the applicants gross negligence.(4) The term of the initial waiver shall be for the period requested, but not more than 1 year from the date the request is received by the department. After a waiver to construct or operate is approved pursuant to subrule (1) of this rule, the clean corporate citizen permit applicant may apply for 1 extension to the term of the initial waiver. A waiver extension application shall be in writing, shall state the reasons for the need of the extension, shall be submitted not later than 30 days before the end of the term of the initial waiver, and shall be signed by the owner or the owner's authorized agent. The waiver extension application shall be acted upon by the department within 30 days of receipt of the extension application. The department shall determine the term of the extension, but the total term of the initial waiver plus extension shall not exceed 18 months.(5) A waiver approved pursuant to subrule (1) of this rule shall be revoked by the department for cause, including, but not limited to, the termination of the permit applicant's clean corporate citizen designation or a finding by the department of noncompliance with applicable state or federal air quality requirements related to the process or process equipment, exclusive of the state requirement to obtain an approved permit prior to construction or operation of the process. The applicant shall have an opportunity to present information to the department before revocation action is taken. A waiver revocation shall be in writing by the department. There is no formal appeal of the department's revocation decision.(6) A clean corporate citizen may operate a process or process equipment pursuant to a waiver to operate approved pursuant to subrule (1) of this rule until 1 of the following occurs: (a) The permit to install for the process or process equipment is approved, at which time the waivers approved pursuant to subrule (1) of this rule become void.(b) The term of the approved waiver and extension, if applicable, expires.(c) The permit for the process or process equipment is denied, at which time the waivers approved pursuant to subrule (1) of this rule become void.(d) The waiver is revoked by the department.(7) The department shall deny a permit to install after a waiver has been granted or approved pursuant to subrule (1) of this rule if the information, including plans and specifications, provided by the applicant shows that cause exists for denial pursuant to section 5510 of the act or if the applicant has not provided the information necessary for a technically complete application in a timely manner. An appeal of a denial shall be made pursuant to section 5505(8) of the act.Mich. Admin. Code R. 336.2413