Michigan Compiled Laws 451-1994-ii-1-air-resources-prot Part 55 Air Pollution Control (324.5501...324.5542)

• Section 324.5501 Definitions.
  As used in this part: (a) “Air contaminant” means a dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof. (b) “Air pollution”...
• Section 324.5502 Issuance Of Permit To Install Or Operating Permit To Municipal Solid Waste Incinerator; Applicability Of Subsection (1); Municipal Solid Waste Incinerator Existing Prior To June 15, 1993.
  (1) Except as provided in subsection (2), the department shall not issue a permit to install or an operating permit to a municipal solid...
• Section 324.5503 Powers Of Department.
  The department may do 1 or more of the following: (a) Promulgate rules to establish standards for ambient air quality and for emissions. (b)...
• Section 324.5504 Medical Waste Incineration Facility; Operating Permit Required; Form And Contents Of Application; Compliance; Validity And Renewal Of Permit; Review Of Operating Permits; Retrofitting Facility; Interim Operating Permit; Rules; Receipt Of Pathological Or Medical Wastes Generated Off-site; Records; Definitions.
  (1) Beginning on June 6, 1991 or on the effective date of the rules promulgated under subsection (5), whichever is later, a facility that...
• Section 324.5505 Installation, Construction, Reconstruction, Relocation, Alteration, Or Modification Of Process Or Process Equipment; Permit To Install Or Operate Required; Rules; Trial Operation; Rules For Issuance Of General Permit Or Certain Exemptions; Temporary Locations; Nonrenewable Permits; Failure Of Department To Act On Applications; Appeal Of Permit Actions.
  (1) Except as provided in subsection (4), a person shall not install, construct, reconstruct, relocate, alter, or modify any process or process equipment without...
• Section 324.5506 Operating Permit.
  (1) After the date established pursuant to subsections (3) and (4)(n), if an application for an operating permit is required to be submitted, a...
• Section 324.5507 Administratively Complete Action; Exemption From Information Requirements; “compliance Plan” Defined.
  (1) An administratively complete application means an application for an operating permit required in section 5506 that is submitted on standard application forms provided...
• Section 324.5508 “section 112” Defined; Source, Process, Or Process Equipment Not Subject To Best Available Control Technology For Toxics Requirements Or Health Based Screening Level Requirements.
  (1) As used in this section, “section 112” means section 112 of part A of title I of the clean air act, 84 Stat....
• Section 324.5509 “malfunction” Defined; Rules; Prohibition; Actions Taken By Department; Enforcement; Conditions For Applicability Of Subsections (3) To (5).
  (1) As used in this section, “malfunction” means any sudden failure of a source, air pollution control equipment, process, or process equipment to operate...
• Section 324.5510 Denial Or Revocation Of Permit; Circumstances.
  In accordance with this part and rules promulgated under this part, the department may, after notice and opportunity for public hearing, deny or revoke...
• Section 324.5511 List Of Permit Applications; List Of Consent Order Public Notices; Notice, Opportunity For Public Comment And Public Hearing Required For Certain Permit Actions.
  (1) The department shall establish and maintain a list of all applications for permits submitted pursuant to sections 5505 and 5506. The list shall...
• Section 324.5512 Rules.
  (1) Subject to section 5514, the department shall promulgate rules for purposes of doing all of the following: (a) Controlling or prohibiting air pollution....
• Section 324.5513 Car Ferries And Coal-fueled Trains.
  Notwithstanding any other provision of this part or the rules promulgated under this part, car ferries having the capacity to carry more than 110...
• Section 324.5514 Department Of Environmental Quality; Prohibited Acts; "Wood Heater" Defined.
  (1) The department of environmental quality shall not do any of the following: (a) Promulgate a rule limiting emissions from wood heaters. (b) Enforce...
• Section 324.5515 Investigation; Voluntary Agreement; Order; Petition For Contested Case Hearing; Final Order Or Determination; Review.
  (1) If the department believes that a person is violating this part, a rule promulgated under this part, a permit issued under this part,...
• Section 324.5516 Public Hearing; Information Available To The Public; Use Of Confidential Information.
  (1) A public hearing with reference to pollution control may be held before the department. Persons designated to conduct the hearing shall be described...
• Section 324.5517 Petition For Relief From Rule.
  Application for relief from a rule promulgated by the department shall be made by petition to the circuit court for the county of Ingham...
• Section 324.5518 Notice To Discontinue Pollution; Hearing; Suit Brought By Attorney General In Circuit Court; Effectiveness And Duration Of Order; Notice To County Emergency Management Coordinator.
  (1) If the department finds that a person is discharging or causing to be discharged into the atmosphere, directly or indirectly, an air contaminant...
• Section 324.5519, 324.5520 Repealed. 1998, Act 245, Imd. Eff. July 8, 1998.
  Compiler's Notes: The repealed sections pertained to submission of emissions information to the department and payment of emission fees.Popular Name: Act 451Popular Name: NREPA
• Section 324.5521 Emissions Control Fund.
  (1) The emissions control fund is created within the state treasury. The state treasurer may receive money from any source for deposit into the...
• Section 324.5522 Fee-subject Facility; Air Quality Fees; Calculation Of Facility Emissions For Previous Year; Annual Report Detailing Activities Of Previous Fiscal Year; Action By Attorney General For Collection Of Fees; Applicability Of Section; Condition; "Electric Provider" Defined.
  324.5522 Fee-subject facility; air quality fees; calculation of facility emissions for previous year; annual report detailing activities of previous fiscal year; action by attorney general...
• Section 324.5523 Issuance Of Permits And Administration And Enforcement Of Part, Rules, And State Implementation Plan; Delegation Granted By Department To Certain Counties.
  (1) A county in which a city with a population of 750,000 or more is located may apply for a delegation from the department...
• Section 324.5524 Fugitive Dust Sources Or Emissions.
  (1) The provisions of this section, including subsection (2), shall apply to any fugitive dust source at all mining operations, standard industrial classification major...
• Section 324.5525 Definitions.
  As used in section 5524: (a) “Control equipment or pollution control equipment” has the meaning ascribed to control equipment in R 336.1103 of the...
• Section 324.5526 Investigation; Inspection; Furnishing Duplicate Of Analytical Report; Powers Of Department Or Authorized Representative; Entry Or Access To Records Refused; Powers Of Attorney General; “authorized Representative” Defined.
  (1) The department may, upon the presentation of credentials and other documents as may be required by law, and upon stating the authority and...
• Section 324.5527 Emergency; Definition; Affirmative Defense; Burden Of Proof.
  (1) As used in this section, “emergency” means a situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including...
• Section 324.5528 Violation Of Part, Rule, Terms Of Permit, Or Order; Agreement To Correct Violation; Consent Order; Public Notice And Opportunity For Public Comment; Providing Copy Of Proposed Consent Order.
  (1) If the department believes that a violation of this part or a rule promulgated under this part exists, or a violation of the...
• Section 324.5529 Administrative Fine; Limitation; Petition For Review Of Fine.
  (1) The department may assess an administrative fine of up to $10,000.00 for each instance of violation and, if the violation continues, for each...
• Section 324.5530 Commencement Of Civil Action By Attorney General; Relief; Costs; Jurisdiction; Defenses; Fines.
  (1) The attorney general may commence a civil action against a person for appropriate relief, including injunctive relief, and a civil fine as provided...
• Section 324.5531 Violations As Misdemeanors; Violations As Felonies; Fines; Defenses; Definitions.
  (1) A person who knowingly violates any requirement or prohibition of an applicable requirement of this part or a rule promulgated under this part...
• Section 324.5532 Civil Or Criminal Fines; Factors To Be Considered In Determining Amount.
  (1) A civil or criminal fine assessed, sought, or agreed upon under this part shall be appropriate to the violation. (2) In determining the...
• Section 324.5533 Award; Eligibility; Rules.
  The department may pay an award of up to $10,000.00 to an individual who provides information resulting in the assessment of a civil fine...
• Section 324.5534 Repealed. 1999, Act 231, Imd. Eff. Dec. 28, 1999.
  Compiler's Notes: The repealed section pertained to certain violations exempt from penalties.Popular Name: Act 451Popular Name: NREPA
• Section 324.5535 Suspension Of Enforcement; Reasons; Variance.
  Notwithstanding any other provision of this part, the department may suspend the enforcement of the whole or any part of any rule as it...
• Section 324.5536 Variance; Considerations Effecting.
  In determining under what conditions and to what extent a variance from a rule or regulation that would not violate the clean air act...
• Section 324.5537 Variance; Granting For Undue Hardship.
  The department shall grant a variance from any rule to, and suspend the enforcement of the rule as it applies to, any person who...
• Section 324.5538 Variance; Period Granted; Report; Conditions.
  Any variance granted pursuant to sections 5535, 5536, and 5537 shall be granted for a period of time, that does not exceed 1 year,...
• Section 324.5539 Variance; Revocation Or Modification Of Order; Public Hearing And Notice Required.
  The department may revoke or modify any order permitting a variance by written order, after a public hearing held upon not less than 10...
• Section 324.5540 Purpose Of Part; Alteration Of Existing Rights Of Actions Or Remedies.
  It is the purpose of this part to provide additional and cumulative remedies to prevent and abate air pollution. This part does not abridge...
• Section 324.5541 Construction Of Part; Evidentiary Effect Of Determination By Commission.
  This part does not repeal any of the laws relating to air pollution which are not by this part expressly repealed. This part is...
• Section 324.5542 Effect On Existing Ordinances Or Regulations; Local Enforcement; Cooperation With Local Governmental Units.
  (1) Nothing in this part or in any rule promulgated under this part invalidates any existing ordinance or regulation having requirements equal to or...

Last modified: October 10, 2016