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Statutory Authorities Addressing Energy Emergencies

Declaration of State of Energy Emergency, PA 191 of 1982

Pursuant to the Declarations of State of Emergency Act, PA 191 of 1982, MCL 10.81 et seq., the Governor may declare a State of Energy Emergency to address emergency conditions concentrated in the energy sector, including but not limited to supply, distribution, transportation, or pricing issues that affect the health and welfare of Michigan citizens.  The declaration may be used to direct energy supplies to meet essential services or restrict the use and sales of energy resources if necessary.

Emergency Management Act, PA 390 of 1976

Public Act 390 of 1976, as amended, is the basic state emergency management enabling legislation.  This Act prescribes the power and duties of the Governor and certain state and local agencies and officials related to preparing for, responding to, recovering from, and mitigating disasters and emergencies; prescribes immunities and liabilities related to disaster relief work; and establishes the organizational framework for the emergency management system used in the state.

Federal Motor Carrier Safety Administration (FMCSA) 49 CFR Parts 300-399

Federal regulations (49 CFR Part 390.23) allow for temporary relief from Parts 390 through 399 of the safety regulations, to any motor carrier or driver operating a commercial motor vehicle to provide direct emergency assistance during an emergency.

Clean Air Act - US Environmental Protection Agency (EPA)

The EPA enforces regulations under the Clean Air Act that limit the Reid vapor pressure (RVP) of motor fuels during warmer months.  This helps reduce evaporation of volatile organic compounds, which contribute to urban air pollution.  In instances where shortages of summer or winter blend fuel occurs, air quality waivers may be sought from EPA to temporarily alleviate the supply imbalances.

Motor Fuels Quality Act, PA 44 of 1984

At the state level, vapor pressure requirements fall under Michigan’s Motor Fuels Quality Act and are enforced by the Michigan Department of Agriculture and Rural Development (MDARD).  Michigan has chosen to adopt more stringent requirements in Southeast Michigan and has received EPA approval for a State Implementation Plan (SIP) that further restricts RVP levels in Livingston, Washtenaw, Oakland, Macomb, Wayne, St. Clair, Lenawee and Monroe counties.