Air Quality Enforcement Tracker
The Air Quality Enforcement Tracker is a public resource for community residents and organizations. It compiles information from multiple databases to inform the public about violations of air quality regulations at major sources of air pollution in Wayne County and enforcement actions taken by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) to address the violation. Specifically, it provides the following information:
List of violation notices issued by EGLE to major sources of air pollution in Wayne County.
List of enforcement actions taken by EGLE in response to a violation.
Public hearing information for any proposed administrative consent orders to address air quality violations in Wayne County.
This resource has been made possible through the generous support of the Fred A. and Barbara M. Erb Family Foundation.
The enforcement process
EGLE is the primary enforcer of air quality laws and regulations in Michigan.
In general, the enforcement process starts with EGLE inspecting facilities, investigating citizen complaints, and reviewing compliance reports that facilities are required to submit.
If EGLE believes that a facility has or is currently violating a federal or state air quality law or regulation and wants to pursue an enforcement action, it must first issue a written violation notice to the owner of the facility that describes the air quality laws or regulations the facility is alleged to have violated.
After issuing a violation notice, EGLE may pursue an enforcement action against the owner of the facility. If EGLE decides to pursue an enforcement action, it will first issue an enforcement notice to the company asserting that EGLE is pursuing formal legal action to address the violations. An enforcement action generally takes the form of either an administrative penalty, an administrative consent order, or a civil action.
❯ How can I submit an air pollution complaint to EGLE?
In general, air pollution complaints are submitted to EGLE by calling their 24/7 Pollution Emergency Alerting System (PEAS) Hotline: 800-292-4706.
Once a complaint is received, EGLE will investigate to determine whether there has been a violation of an air quality law or regulation.
EGLE does investigate complaints regarding odors, dust, or other releases of air pollution from facilities. This includes dark plumes of smoke being emitted from smokestacks.
EGLE generally does not respond to complaints regarding excessive noise from industrial facilities or regarding truck traffic on residential streets.
❯ Does EGLE issue a violation notice for every violation of an air quality law or regulation?
No. EGLE is not required to enforce every violation of an air quality law or regulation, and it has the power to decide which violations it wants to enforce and which it does not.
❯ What are the differences between the types of enforcement actions that EGLE may use to address violations of air quality laws or regulations?
In general, there are three different types of enforcement actions EGLE may bring:
Administrative Fine
- EGLE issues an administrative fine of up to $10,000 per each instance of violation;- EGLE cannot issue an administrative fine of more than $100,000;
- No public notice and comment requirement.
Administrative Consent Order
- Settlement agreements negotiated by and between EGLE and the company that has violated an air quality law or regulation;- Commonly include the following: requirements to pay a penalty to the State general fund; requirements for the owner of the facility to take specific actions to address the cause of the violation; and requirements to conduct a community benefit project (commonly referred to as a “supplemental environmental project” or “SEP”);
- EGLE must provide public notice and comment before finalizing an administrative consent order.
Civil Actions
- Lawsuit filed on behalf of EGLE to resolve violation;- No public notice and comment requirements.
By law, EGLE is first required to attempt to negotiate an administrative consent order with a company that has violated an air quality law or regulation.
The vast majority of EGLE's enforcement actions are administrative consent orders.
❯ Regarding administrative consent orders, how is the amount of the penalty determined, and where do the fines collected from an enforcement action go?
While not formally adopted, EGLE commonly relies on the EPA’s Clean Air Act Stationary Source Penalty Policy to determine the appropriate amount to fine a company for a violation of an air quality law or regulation. That policy can be accessed here: https://www.epa.gov/sites/production/files/documents/penpol.pdf
Fines collected from any enforcement action go to the State’s general fund. This money can be used for any purpose.
❯ What are Supplemental Environmental Projects ("SEPs")?
Supplemental environmental projects (commonly referred to as “SEPs”) are environmentally-beneficial projects that an owner of a facility may agree to fund and implement as a condition of an enforcement action. They are sometimes included as requirements in an administrative consent order. Examples of SEPs include the following:
- Installation of air filtration systems at local schools/homes to improve indoor air quality;
- Installation of vegetative buffer around a facility or high-traffic roadways to limit human exposure to air pollution;
- Retrofitting diesel engines with better pollution control technology.
To read more about SEPs, please go to the resources page on our website to access a report published by the Great Lakes Environmental Law Center regarding how SEPs can be used to further environmental justice in air quality enforcement.
Violation Notices issued by EGLE Regarding Major Sources of air pollution in Wayne County
Below is a list of all violation notices that the Michigan Department of Environment, Great Lakes, and Energy has sent to major air pollution sources in Wayne County. It may take EGLE several months to finalize an enforcement action. Additionally, EGLE may choose not to pursue an enforcement action for a violation. This list was last updated on 9/7/2021.
| Company | Date of Violation Notice | Description of Violation(s) | Enforcement Action By EGLE |
|---|---|---|---|
| Edward C. Levy Co. 8800 Dix Ave., Detroit |
7/16/19 | Detection of fallout beyond the facility's property line | Enforcement Notice Issued - 9/9/22 |
| Edward C. Levy Co. 8800 Dix Ave., Detroit |
9/12/19 | Detection of fallout beyond the facility's property line | Enforcement Notice Issued - 9/9/22 |
| AK Steel 4001 Miller Rd., Dearborn |
11/18/19 | Emission Violation: Exceeded emissions limit for manganese and lead during stack tests on 8/13/19 and 8/14/19 | Enforcement notice issued on 2/3/20 - https://bit.ly/3zhJUtY |
| Edward C. Levy Co. 8800 Dix Ave., Detroit |
11/19/19 | Operation violation: Exceedance of raw material throughput limit Operation violation: Failure to comply with minimum moisture content requirement Operation requirement: Failure to quench dumped slag with water before digging Recordkeeping Violation: Failure to document that water sprays were not working during weekly inspection Reporting Violation: Failure to submit quarterly reports indicating operational requirement was not met Reporting Violation: Failure to report deviations in deviation reports |
None to date |
| AK Steel 4001 Miller Rd., Dearborn |
11/26/19 | Emission Violation: Exceeded emissions limit for manganese and lead during stack test on 9/17/19 | Enforcement notice issued on 2/3/20 - https://bit.ly/3zhJUtY |
| BASF Corp. 1609 Biddle Ave., Wyandotte |
2/25/20 | Emissions Violation: BASF stack test report stated that volatile organic compound (VOC) destruction efficiency was 95% during a stack test conducted on 11/26/19. Destruction efficiency must be a minimum of 98%. |
None to date |
| Ford - Flat Rock Assembly Plant 1 International Dr., Flat Rock |
2/27/20 | Odor Violation: On 2/18/20, EGLE investigated a citizen complaint and detected moderate to strong paint/solvent odors Odor Violation: On 2/21/20, EGLE investigated a citizen complaint and detected moderate to strong paint/solvent odors |
None to date |
| Sauk Hills 2350 Brown Rd., Auburn Hills |
2/27/20 | Operations: Gas well exceeded an oxygen concentration of 5% for at least 45 days from 7/1/19 - 8/15/19 | None to date |
| Edward C. Levy Co. 4001 Miller Rd., Dearborn | 3/4/20 | Odor Violation: On 2/21/20, EGLE investigated a citizen complaint and detected moderate to strong odors from steel slag pit Odor Violation: On 2/22/20, EGLE investigated a citizen complaint and detected moderate to strong odors from steel slag pit Odor Violation: On 2/23/20, EGLE investigated a citizen complaint and detected moderate to strong odors from steel slag pit |
None to date |
| AK Steel 4001 Miller Rd., Dearborn |
3/16/20 | Emission Violation: Exceeeded lead emission limit during stack test on 12/17/19 Emission Violation: Exceeded manganese emission limit during stack test on 12/17/19 Emission Violation: Exceeded opacity limit during emission reading on 8/14/19 Emission Violation: Exceeded opacity limit 1,302 times between the 4th quarter of 2015 and 4th quarter of 2019 Operation Violation: Failure to properly operate and maintain air pollution control device |
None to date |
| Stellantis 4000 St. Jean, Detroit |
3/24/22 | Odor Violation: Moderate paint/solvent odors | Proposed Consent Order: https://bit.ly/3Sqol0l |
| Stellantis 4000 St. Jean, Detroit |
5/20/22 | Odor Violation: Moderate paint/solvent odors | Proposed Consent Order: https://bit.ly/3Sqol0l |
| EES Coke Battery 1400 Zug Island Road, River Rouge |
6/1/20 | July 2018-December 2019:
* Exceeded the instantaneous opacity limit of 20% for fugitive visible emissions 64 times * Visible emissions from any one flare for a total of 5 minutes over two consecutive hours occurred 113 times * Bypass/Bleeder flare stacks average opacity limit violated 569 times |
None to date |
| Riverview Energy Systems 20000 Grange Rd., Riverview |
6/22/20 | Odor Violation: On 6/12/20, EGLE investigated citizen complaints and detected moderate to strong odors coming from the facility | None to date |
| AK Steel 4001 Miller Rd., Dearborn |
7/15/20 | Emission Violation: 71 exceedances of opacity limit at the ESP Stack during the 1st quarter of 2020 | None to date |
| DWSD 9300 West Jefferson Avenue, Detroit |
11/12/20 | Incinerator # 14 monitor downtime was reported at 62.11% of the operating time for the 3rd quarter of 2020. | None to date |
| Marathon Petroleum Co. 1001 South Oakwood, Detroit |
12/3/20 | Odor Violation: Testing violation: GOHT Heater Testing for Particulate Matter was performed using incorrect test method. Testing violation: Coker Heater Testing for Particulate Matter was performed using incorrect test method. Testing violation: CCR Charge Heater Testing for Particulate Matter was performed using incorrect test method. Testing violation: CCR Interheater Testing for Particulate Matter was performed using incorrect test method. |
None to date |
| Ford - Flat Rock Assembly Plant 1 International Dr., Flat Rock |
12/18/20 | Odor Violation: Paint/Solvent on 12/9/20 | None to date |
| EES Coke Battery 1400 Zug Island Road, River Rouge |
12/21/20 | April 20, 2020: exceeded SO2 emission limit of 0.702 lb/1,000 scf of coke oven gas (nonattainment for the 1-hour SO2) | None to date |
| Edward C Levy, Plant 6 8800 Dix Avenue, Detroit |
12/21/20 | July 30-31, 2020: Slag processing fallout beyond the facility's property line August 5-6, 2020: Slag processing fallout beyond the facility's property line August 13-14, 2020: Slag processing fallout beyond the facility's property line September 11-12, 2020: Slag processing fallout beyond the facility's property line |
Enforcement Notice Issued - 9/9/22 |
| AK Steel 4001 Miller Rd., Dearborn |
1/5/21 | Emissions Violation: 3rd quarter of 2020 contained 29 exceedances of the 20% 6 minute average opacity limit at the ESP stack. Operation Violation: failure to operate and maintain the air cleaning device in a satisfactory manner. Reporting violation: exceedances are not identified as deviations in the semi-annual and annual ROP certifications. |
None to date |
| AK Steel 4001 Miller Rd., Dearborn |
4/2/21 | Odor Violation: On 3/26/21, moderate to Strong (Level 3 and 4) blast furnace slag pit and sulfur odors observed emitting from the facility and impacting nearby neighborhoods. | None to date |
| US Steel Great Lakes Works 38303 Michigan Avenue, Wayne |
4/21/21 | Emissions Violation: 2/16/2021 stack test resulted in HCl emissions 1.96 lb/hr, 38.9 ppmv, collection efficiency of 91.8%. Limit is 1.64 lb/hr and 18ppmv or collection efficiency of 97%. | None to date |
| Ford - Wayne Assembly Plant 38303 Michigan Avenue, Wayne |
5/7/21 | Removal of the carbon concentrators as emission control equipment for the guidecoat and topcoat operations is a violation of requirements of the Michigan Assembly Plant facility’s current active and enforceable Renewal Operating Permit. | None to date |
| FCA US LLC 4000 St. Jean St., Detroit |
9/20/21 | Moderate to strong paint/solvent odors | Proposed Consent Order: https://bit.ly/3Sqol0l |
| FCA US LLC 4000 St. Jean St., Detroit |
10/20/21 | Failure to duct emissions to pollution control technology | Proposed Consent Order: https://bit.ly/3Sqol0l |
| FCA US LLC 4000 St. Jean St., Detroit |
11/3/21 | Persistent and objectionable odors of moderate to strong intensity | Proposed Consent Order: https://bit.ly/3Sqol0l |
| Edward C. Levy Co. 8800 Dix Ave., Detroit |
11/18/21 | Detection of fallout beyond the facility's property line | None to date |
| US Steel Great Lakes Works 1 Quality Dr., Ecorse |
11/19/21 | Failed to develop and implement an Operation and Maintenance Plan | None to date |
| Riverview Land Preserve 20863 Grange Rd., Riverview |
12/9/21 | Moderate to strong odors | None to date |
| EES Coke Battery LLC 1400 Zug Island Road, River Rouge |
12/2/21 | Emissions violations: Exceeded instantaneous opacity limit of 20% for fugitive emissions 7 times between January-June 2021 and 9 times between July - September 2021 | None to date |
| US Steel Great Lakes Works 1 Quality Dr., Ecorse | 2/14/22 | Installation of two No. 2 fuel oil boilers without obtaining a permit to install | None to date |
| Ford - Flat Rock Assembly Plant 1 International Dr., Flath Rock |
2/18/22 | Pollution control technology failed to meet operation standards | None to date |
| Ajax Metal Processing 4651 Bellevue Ave., Detroit |
4/12/22 | Emissions Violation: Exceeded hazardous air pollution emissions limit in 11/21, 12/21, 1/22, and 2/22 | None to date |
| FCA US LLC 4000 St. Jean St., Detroit |
3/24/22 | Objectionable paint/solvent odors of moderate intensity | Proposed Consent Order: https://bit.ly/3Sqol0l |
| Ajax Metal Processing, Inc. 4651 Bellevue |
4/12/22 | Exceeded 12-month rolling emissions limit of 2.6 pounds of organic hazardous air pollutants per gallon of coating solids for the 12-month rolling time periods ending in 11/21, 12/21, 1/22, and 2/22 | Enforcement notice issued 6/7/22 - https://bit.ly/3NsTVJ6 |
| FCA US LLC 4000 St. Jean St., Detroit |
5/20/22 | Objectionable paint/solvent and chemical odors of moderate intensity | Proposed Consent Order: https://bit.ly/3Sqol0l |
| Canton Renewables 3651 Wyoming Ave., Dearborn |
6/8/22 | Persistent and objectionable odors | None to date |
| BASF Corp. 1609 Biddle Ave., Wyandotte |
6/14/22 | Failed to obtain permit for equipment at facility | None to date |
| Riverview Landfill 20863 Grange Rd., Riverview |
6/30/22 | Moderate to strong garabage odors | None to date |
| United States Gypsum Co. 10090 W. Jefferson Ave., River Rouge |
7/27/22 | Failed to submit a malfunction abaetment plan | None to date |
| Cleveland Cliffs 4001 Miller Rd., Dearborn |
8/2/22 | Emission Violation: 67 opacity exceedances in the first quarter of 2022 Operations Violation: Failed to properly operate and maintain pollution control equipment |
None to date |
| Edward C. Levy Co. 13800 Mellon St., Detroit |
8/12/22 | Emission Violation: Detection of fallout beyond the facility's property line on 6/28, 7/9, and 7/10 | Enforcement Notice Issued - 9/9/22 |
| Edward C. Levy Co. 100 Westfield Rd., Ecorse |
8/17/22 | Monitoring Violation: Failed to sample/analyze finished product storage piles to determine moisture content Operations Violation: Water spray bars not working during operations Operations Violation: Failed to inspect water sprays at least once per month |
None to date |
| Marathon Petroleum Company LP 1001 S. Oakwood, Detroit |
9/27/22 | Emission Violation: Stack test result from the Gas Oil Hydrotreater Charge Heater stack was 0.0039 lb/MMBTU. The emissions limit is 0.0019 lb/MMBTU | None to date |
| Edward C. Levy Co. 13800 Mellon St., Detroit |
10/13/22 | Emission Violation: Detection of fallout beyond the facility's property line | None to date |
Enforcement Notices Issued by EGLe regarding Major sources of air pollution in Wayne county
Below is a list of all recent enforcement notices that the Michigan Department of Environment, Great Lakes, and Energy has sent to major air pollution sources in Wayne County. This table was last updated on 8/19/22.
| Company | Date of Enforcement Notice | Description of Violation Notice/Violation(s) |
|---|---|---|
| AK Steel 4001 Miller Rd., Dearborn |
2/3/20 | Violation Notice from 11/18/19: Exceeded emissions limit for manganese and lead during stack tests on 8/13/19 and 8/14/19 Violation Notice 11/26/19: Exceeded emissions limit for manganese and lead during stack test on 9/7/19 |
| Stellantis 4000 St. Jean St., Detroit |
11/18/21 | Violation Notices - 9/20/21, 11/1/21, 11/3/21: Persistent and objectionable odors Violation Notice from 10/20/21: Failure to properly duct emissions to pollution control equipment |
| Ajax Metal Processing 4651 Bellevue St., Detroit |
6/7/22 | Violation Notice from 4/12/22 - Exceeded 12-month rolling emissions limit of 2.6 pounds of organic hazardous air pollutants per gallon of coating solids for the 12-month rolling time periods ending in 11/21, 12/21, 1/22, and 2/22 |
| Edward C. Levy Co. 8800 Dix Ave., Detroit |
9/9/22 | Violation Notices -11/21/18, 7/16/18, 9/12/19, 12/21/20, 11/8/21, 8/12/22: Excessive dust beyond the property line of the facility at 13800 Mellon Avenue Violation notice 3/8/22: Excessive odors |
Proposed administrative consent orders undergoing public notice and comment in Wayne County
EGLE addresses most violations of air quality laws and regulations through an administrative consent order. These orders are settlement agreements negotiated by EGLE and the violator. Administrative consent orders commonly require the violator to pay a penalty to the State general fund, require the violator to take steps to fix their facility, and require the violator to fund and implement a supplemental environmental project to improve air quality in the neighborhood where the violation occurred.
EGLE requires public notice and comment before it finalizes any administrative consent order. Below is a list of all orders undergoing public notice and comment:
| Company | Description of Violations | Requirements of Proposed Administrative Order | Public Hearing Information |
|---|---|---|---|
| FCA US LLC 4000 St. Jean Ave., Detroit |
Failure to duct emissions to pollution control equipment Several violations for excessive odors |
Install additional pollution control equipment to control odors Properly duct emissions to pollution control equipment $147,000 to upgrade building management system at Southeast High School $65,000 to install over 80 trees at Brewer Park Penalty of $62,863 |
Virtual Public Hearing: 10/19/22 at 6pm Written Comments: Accepted through 11/2/22 More Information: https://bit.ly/3TvnQmt |
This chart was last updated on 10/18/22.
Information regarding how to submit a public comment and the location of public hearings, as well as access to proposed consent orders, is available at this link.