A manufacturing company sought to avoid the Federal CAA Title V Renewable Operating Permit Program by filing a registration indicating actual emissions at a particular level. After filing the registration, the company discovered their record-keeping to be in error, and therefore the filing to have been inaccurate.

Varnum counseled how to reveal the inaccuracy to the regulatory agency. A thorough review of the air use permit file obtained through a Freedom of Information Act (FOIA) request revealed that the existing equipment which had been permitted had not been constructed in accordance with the issued permit. The client was advised to bring its operations into compliance with its permit prior to approaching the MDEQ. This prevented what might otherwise have been an almost certain notice of violation on the erroneous filing.