DEPARTMENT OF ENVIRONMENTAL QUALITY  
AIR QUALITY DIVISION  
AIR POLLUTION CONTROL  
(By authority conferred on the director of the department of environmental quality by  
sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324. 5512.  
PART 14. CLEAN CORPORATE CITIZEN PROGRAM  
R 336.2401 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2402 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2403 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2404 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2405 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2406 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2407 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
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R 336.2408 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2409 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2412 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
R 336.2413 Waivers to commence construction and operation.  
Rule 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.  
(iii) Fuel limitations.  
(iv) Emissions testing.  
(v) Continuous emissions monitoring.  
(vi) Notifications.  
(vii) Recordkeeping.  
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(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 applicant’s 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.  
History: 1997 AACS; 2014 AACS.  
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R 336.2414 Rescinded.  
History: 1997 AACS; 2014 AACS.  
R 336.2415 Plantwide applicability limit permit for clean corporate citizen.  
Rule 1415. (1) A clean corporate citizen may request that the department issue a plantwide  
applicability limit permit that establishes a federally enforceable emissions cap for 1 or  
more pollutants at an existing stationary source pursuant to this rule.  
(2) For a clean corporate citizen, the department may, after notice and opportunity for  
public participation pursuant to section 5516 of the act, issue a plantwide applicability limit  
permit to install which includes terms and conditions necessary to assure compliance with  
applicable air quality regulations at the stationary source and which allows the clean  
corporate citizen to undertake changes, without a permit to install, as long as compliance  
with the plantwide applicability limit permit is maintained.  
(3) A clean corporate citizen may request that the plantwide applicability limit permit  
establish an emissions cap set equal to actual emissions plus the significant emissions for  
each pollutant being considered in the plantwide applicability limit application.  
Alternatively, the plantwide applicability limit permit may, at the request of a clean  
corporate citizen, establish an emissions cap set equal to existing allowable emissions, if  
the levels of the emissions are consistent with state and federal requirements.  
(4) In addition to the information required by R 336.1203 and other applicable rules, an  
application for a plantwide applicability limit permit pursuant to this rule shall include all  
of the following information:  
(a) Identification of all past technology determinations that are the basis for existing  
emission and operation limitations at the stationary source.  
(b) Identification of the plantwide applicability limit requested and supporting  
documentation for both the point and fugitive emissions to be included in the plantwide  
applicability limit permit.  
(c) For a plantwide applicability limit permit based on existing allowable emissions,  
identification of all emissions offsets previously provided for the stationary source.  
(d) The proposed recordkeeping, monitoring, and reporting that would be used to  
demonstrate compliance with the emissions cap and any individual technology limitations  
that are to be maintained within the plantwide applicability limit permit.  
(e) A proposed periodic review process that describes the mechanism for making  
adjustments to the plantwide applicability limit permit limits for cause. An example of  
cause is a new applicable requirement.  
(f) The proposed procedure to be followed to ensure a clean corporate citizen does not  
modify the stationary source to exceed the emissions cap in the plantwide applicability  
limit permit.  
(g) The proposed procedure to ensure that a clean corporate citizen does not modify the  
stationary source to cause or contribute to violations of the national ambient air quality  
standards.  
(5) The department shall not approve a plantwide applicability limit permit to install if  
any of the conditions in R 336.1207 (1)(a) to (d) exist.  
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(6) The department shall not approve a plantwide applicability limit permit to install  
unless the permit provides for all of the following:  
(a) A requirement that the clean corporate citizen notify the department of the  
commencement of construction and operation for either of the following for which a permit  
to install is not required pursuant to the plantwide applicability limit permit:  
(i) A source subject to standards of performance for new stationary sources or national  
emission standards for hazardous air pollutants.  
(ii) A source that has the potential to emit more than 50% of the prevention of significant  
deterioration significance level.  
(b) A requirement that, before the addition of new process or process equipment, other  
than process or process equipment exempted by R 336.1278 to R 336.1290, a clean  
corporate citizen shall determine that the proposed new process or process equipment is in  
compliance with the provisions of R 336.1224 and R 336.1225.  
(c) A requirement that a clean corporate citizen is not relieved of the responsibility of  
complying with applicable control technology requirements.  
(d) Limits on a pollutant-specific basis and limits on other air contaminants that are not  
included in the emissions cap.  
(e) Recordkeeping, monitoring, and reporting requirements necessary to assure  
compliance with the plantwide applicability limit permit.  
(f) A future review of the plantwide applicability limit permit and the conditions that  
could affect the limit or limits.  
(g) A requirement that a clean corporate citizen shall comply with all applicable air quality  
regulations, except for the requirement to obtain a permit to install pursuant to R 336.1201.  
(h) A provision for reopening the terms and conditions of a plantwide applicability limit  
permit if a clean corporate citizen's designation is terminated pursuant to MCL 324.1417.  
History: 1997 AACS; 2014 AACS.  
R 336.2420 Rescinded.  
History: 1997 AACS; 1998-2000 AACS.  
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