Michigan Compiled Laws
451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)
Section 324.5503 - Powers of Department.

Sec. 5503.
The department may do 1 or more of the following:
(a) Promulgate rules to establish standards for ambient air quality and for emissions.
(b) Issue permits for the construction and operation of sources, processes, and process equipment, subject to enforceable emission limitations and standards and other conditions reasonably necessary to assure compliance with all applicable requirements of this part, rules promulgated under this part, and the clean air act.
(c) In accordance with this part and rules promulgated under this part, deny, terminate, modify, or revoke and reissue permits for cause. If an application for a permit is denied or is determined to be incomplete by the department, the department shall state in writing with particularity the reason for denial or the determination of incompleteness, and, if applicable, the provision of this part or a rule promulgated under this part that controls the decision.
(d) Compel the attendance of witnesses at proceedings of the department upon reasonable notice.
(e) Make findings of fact and determinations.
(f) Make, modify, or cancel orders that require, in accordance with this part, the control of air pollution.
(g) Enforce permits, air quality fee requirements, and the requirements to obtain a permit.
(h) Institute in a court of competent jurisdiction proceedings to compel compliance with this part, rules promulgated under this part, or any determination or order issued under this part.
(i) Enter and inspect any property as authorized under section 5526.
(j) Receive and initiate complaints of air pollution in alleged violation of this part, rules promulgated under this part, or any determination, permit, or order issued under this part and take action with respect to the complaint as provided in this part.
(k) Require reports on sources and the quality and nature of emissions, including, but not limited to, information necessary to maintain an emissions inventory.
(l) Prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of any new air pollution.
(m) Encourage voluntary cooperation by all persons in controlling air pollution and air contamination.
(n) Encourage the formulation and execution of plans by cooperative groups or associations of municipalities, counties or districts, or other governmental units, industries, and others who severally or jointly are or may be the source of air pollution, for the control of pollution.
(o) Cooperate with the appropriate agencies of the United States or other states or any interstate or international agencies with respect to the control of air pollution and air contamination or for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements.
(p) Conduct or cause to be conducted studies and research with respect to air pollution control, abatement, or prevention.
(q) Conduct and supervise programs of air pollution control education including the preparation and distribution of information relating to air pollution control.
(r) Determine by means of field studies and sampling the degree of air pollution in the state.
(s) Provide advisory technical consultation services to local communities.
(t) Serve as the agency of the state for the receipt of money from the federal government or other public or private agencies and the expenditure of that money after it is appropriated for the purpose of air pollution control studies or research or enforcement of this part.
(u) Do such other things as the department considers necessary, proper, or desirable to enforce this part, a rule promulgated under this part, or any determination, permit, or order issued under this part, or the clean air act.
History: 1994, Act 451, Eff. Mar. 30, 1995 Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities of the Air Quality Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16 , compiled at MCL 324.99901 of the Michigan Compiled Laws.Popular Name: Act 451Popular Name: NREPAAdmin Rule: R 336.1101 et seq.; R 336.1122; and R 336.1201 et seq. of the Michigan Administrative Code.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article II - Pollution Control (324.3101...324.21563)

451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)

451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)

451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)

Section 324.5501 - Definitions.

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.

Section 324.5503 - Powers of Department.

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; Rece...

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 Exe...

Section 324.5506 - Operating Permit.

Section 324.5507 - Administratively Complete Action; Exemption From Information Requirements; “Compliance Plan” Defined.

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.

Section 324.5509 - “Malfunction” Defined; Rules; Prohibition; Actions Taken by Department; Enforcement; Conditions for Applicability of Subsections (3) to (5).

Section 324.5510 - Denial or Revocation of Permit; Circumstances.

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.

Section 324.5512 - Rules.

Section 324.5513 - Car Ferries and Coal-Fueled Trains.

Section 324.5514 - Department of Environmental Quality; Prohibited Acts; "Wood Heater" Defined.

Section 324.5515 - Investigation; Voluntary Agreement; Order; Petition for Contested Case Hearing; Final Order or Determination; Review.

Section 324.5516 - Public Hearing; Information Available to the Public; Use of Confidential Information.

Section 324.5517 - Petition for Relief From Rule.

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.

Section 324.5519, 324.5520 - Repealed. 1998, Act 245, Imd. Eff. July 8, 1998.

Section 324.5521 - Emissions Control Fund.

Section 324.5522 - Fee-Subject Facility; Air Quality Fees; Calculation of Emissions Charge and Facility Charge; Annual Report Detailing Activities of Previous Fiscal Year; Action by Attorney General for Collection of Fees; Applicability of Section; C...

Section 324.5523 - Issuance of Permits and Administration and Enforcement of Part, Rules, and State Implementation Plan; Delegation Granted by Department to Certain Counties.

Section 324.5524 - Fugitive Dust Sources or Emissions.

Section 324.5525 - Definitions.

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.

Section 324.5527 - Emergency; Definition; Affirmative Defense; Burden of Proof.

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.

Section 324.5529 - Administrative Fine; Limitation; Petition for Review of Fine.

Section 324.5530 - Commencement of Civil Action by Attorney General; Relief; Costs; Jurisdiction; Defenses; Fines.

Section 324.5531 - Violations as Misdemeanors; Violations as Felonies; Fines; Defenses; Definitions.

Section 324.5532 - Civil or Criminal Fines; Factors to Be Considered in Determining Amount.

Section 324.5533 - Award; Eligibility; Rules.

Section 324.5534 - Repealed. 1999, Act 231, Imd. Eff. Dec. 28, 1999.

Section 324.5535 - Suspension of Enforcement; Reasons; Variance.

Section 324.5536 - Variance; Considerations Effecting.

Section 324.5537 - Variance; Granting for Undue Hardship.

Section 324.5538 - Variance; Period Granted; Report; Conditions.

Section 324.5539 - Variance; Revocation or Modification of Order; Public Hearing and Notice Required.

Section 324.5540 - Purpose of Part; Alteration of Existing Rights of Actions or Remedies.

Section 324.5541 - Construction of Part; Evidentiary Effect of Determination by Commission.

Section 324.5542 - Effect on Existing Ordinances or Regulations; Local Enforcement; Cooperation With Local Governmental Units.