Mich. Admin. Code R. 336.1202 - Waivers of approval

Rule 202.

(1) If the requirement for approval of a permit to install before construction will create an undue hardship to the applicant, the applicant may request a waiver to proceed with construction from the department. The application for a waiver shall be in writing, shall explain the circumstances that will cause the undue hardship, and shall be signed by the owner or his or her authorized agent. The application shall be acted upon by the department within 30 days. If a waiver is granted, the applicant shall submit pertinent plans and specifications for approval as soon as is reasonably practical. The applicant, after a waiver is granted, shall proceed with the construction at his or her own risk; however, operation of the equipment shall not be authorized until the application for a permit to install has been approved by the department. After construction, modification, relocation, or installation has begun or been completed, if the plans, specifications, and completed installations do not meet department approval, then the application for a permit to install shall be denied, unless the alterations required to effect approval are made within a reasonable time as specified by the department.
(2) The provisions of subrule (1) of this rule do not apply to any of the following:
(a) Any activity that is subject to R 336.2802, prevention of significant deterioration regulations, or R 336.2902, nonattainment new source review regulations. For the purpose of this subrule, "activity" means the concurrent and related installation, construction, reconstruction, relocation, or modification of any process or process equipment.
(b) Construction or reconstruction of a major source of hazardous air pollutants subject to 40 C.F.R. part 63, national emission standards for hazardous air pollutants for source categories, adopted by reference in R 336.1902.
(c) Construction or modification subject to 40 C.F.R. part 61, national emission standards for hazardous air pollutants, adopted by reference in R 336.1902.


Mich. Admin. Code R. 336.1202
1980 AACS; 2003 AACS; 2008 AACS; 2016 MR 24, Eff. 12/20/2016

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