R 323.2193
R 323.2193 National permit; clean corporate citizen benefits.
Cite as Mich. Admin. Code R 323.2193
Rule 2193. An establishment that has been designated as a clean corporate citizen
by the department under R 324.1504 is eligible for the following benefits related to
national permits:
(a) A clean corporate citizen applying for reissuance of a national permit may
certify that the previous application information, or a portion of the application, is still
representative of the discharge, and need not provide new discharge monitoring
information, unless there have been changes in state or federal application requirements
since the previous application was submitted. The department may request additional
information as necessary to process the permit.
(b) When applying for a national permit for a new wastewater discharge that is not
covered by a federal technology-based treatment standard, a clean corporate citizen
may provide its determination of best professional judgment (BPJ) for technology-based
effluent limitations for the case-by-case determinations required under section
402(a)(1) of the federal act. The department will review and use the clean corporate
citizen's determination of BPJ for purposes of a draft permit, unless the determination is
inconsistent with state or federal regulations, or is contrary to known technology
previously used in setting BPJ permit limitations.
(c) A clean corporate citizen that qualifies for coverage under a general permit as
provided in R 323.2191 is not required to obtain an individual national permit solely
because it is designated as a major discharger by the United States environmental
protection agency.
(d) A nonmunicipal clean corporate citizen may construct and utilize
wastewater treatment processes to comply with effluent limitations of a national
permit without department approval of the plans and specifications for the wastewater
treatment processes.
(e) The department shall not conduct more than 1 comprehensive sampling
inspection during the effective period of the national permit for a clean corporate
citizen, unless the department has reason to believe that the permittee is not in
compliance with any applicable statute, rule, national permit, or enforcement order.
(f) The national permit for a clean corporate citizen shall include a provision
allowing the department to reduce, but not eliminate, the monitoring frequency of
parameters specified in the permit. The department may reduce monitoring. Reduced
monitoring shall be sufficient to determine compliance and will be conditioned on
continued compliance with parameter limitations. If reduced monitoring identifies a
violation of a parameter limitation, then the permit shall provide for an increase in
monitoring until compliance is regained. A clean corporate citizen shall submit a request
for reduced monitoring to the department in writing. Approval of reduced
monitoring under this rule is not subject to the requirements in R 323.2159.
(g) Unless otherwise required by the department, or as necessary for a complete
application for national permit reissuance, upon request, the department shall
authorize a clean corporate citizen to submit discharge monitoring reports on an
annual basis. This provision does not abrogate the
permittee's responsibility to report instances of noncompliance required to be
reported by statute, rule, national permit, or enforcement order.
(h) The department shall expedite its response to a request from a clean corporate
citizen to use a water treatment additive.