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.
Notes
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