(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
(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 applicant’s gross
(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
(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
(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.