Bill Text: MI HB5890 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Environmental protection; air pollution; location notification requirement; modify. Amends sec. 5505 of 1994 PA 451 (MCL 324.5505).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-05-29 - Referred To Committee On Natural Resources [HB5890 Detail]
Download: Michigan-2017-HB5890-Engrossed.html
HB-5890, As Passed House, May 23, 2018
HOUSE BILL No. 5890
April 26, 2018, Introduced by Reps. Pagel, LaFave, Brann, Cambensy, Dianda, Kosowski and Rendon and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5505 (MCL 324.5505), as amended by 2005 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5505. (1) Except as provided in subsection (4), a person
shall not install, construct, reconstruct, relocate, alter, or
modify any process or process equipment without first obtaining
from the department a permit to install, or a permit to operate
authorized pursuant to rules promulgated under subsection (6) if
applicable, authorizing the conduct or activity.
(2) The department shall promulgate rules to establish a
permit to install program to be administered by the department.
Except as provided in subsections (4) and (5), the permit to
install program is applicable to each new or modified process or
process equipment that emits or may emit an air contaminant. The
start date for emissions offsets eligible to be applied to a permit
to install shall be the date established by federal rule or, if a
date is not established by federal rule, January 1 of the year
after the emissions baseline year used for the purpose of preparing
the relevant state implementation plan. The department shall make
available information in the permit database and the air emissions
inventory established under section 5503(k), to identify emissions
reductions that may be used as emissions offsets. This subsection
does not authorize the department to seek permit changes to make
emissions reductions available for use as emissions offsets.
(3) A permit to install may authorize the trial operation of a
process or process equipment to demonstrate that the process or
process equipment is operating in compliance with the permit to
install issued under this section.
(4) The department may promulgate rules to provide for the
issuance of general permits and to exempt certain sources,
processes, or process equipment or certain modifications to a
source, process, or process equipment from the requirement to
obtain a permit to install or a permit to operate authorized
pursuant to rules promulgated under subsection (6). However, the
department shall not exempt any new source or modification that
would meet the definition of a major source or major modification
under parts C and D of title I of the clean air act, 42 USC 7470 to
7515.
(5) The department may issue a permit to install, a general
permit, or a permit to operate authorized under rules promulgated
under subsection (6) if applicable, that authorizes installation,
operation, or trial operation, as applicable, of a source, process,
or process equipment at numerous temporary locations. Such a permit
shall
include do both of the
following:
(a)
Include terms and conditions necessary
to assure ensure
compliance with all applicable requirements of this part, the rules
promulgated under this part, and the clean air act, including those
necessary
to assure ensure compliance with all applicable ambient
air standards, emission limits, and increment and visibility
requirements pursuant to part C of title I of the clean air act, 42
USC
7470 to 7492, at each location. , and shall require
(b) Require the owner or operator of the process, source, or
process equipment to notify the department at least 10 days in
advance of each change in location. However, if electronic
notification is used, the notification shall be given at least the
following number of business days in advance of the change of
location:
(i) 5 business days unless subparagraph (ii) applies.
(ii) 2 business days, if, at least 10 days before the change
of location, the owner provided the department a list of
anticipated operating locations for that calendar year and if the
change of location is on that list.
(6) The department may promulgate rules to establish a program
that authorizes issuance of nonrenewable permits to operate for
sources, processes, or process equipment that are not subject to
the requirement to obtain a renewable operating permit pursuant to
section 5506.
(7) The failure of the department to act on an
administratively and technically complete application for a permit
to install, a general permit, or a permit to operate authorized
under rules promulgated under subsection (6), in accordance with a
time requirement established pursuant to this part, rules
promulgated under this part, or the clean air act may be treated as
a final permit action solely for the purposes of obtaining judicial
review in a court of competent jurisdiction to require that action
be taken by the department on the application without additional
delay.
(8) Any person may appeal the issuance or denial by the
department of a permit to install, a general permit, or a permit to
operate authorized in rules promulgated under subsection (6), for a
new source in accordance with section 631 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.631. Petitions for review shall
be the exclusive means to obtain judicial review of such a permit
and shall be filed within 90 days after the final permit action,
except that a petition may be filed after that deadline only if the
petition is based solely on grounds arising after the deadline for
judicial review. Such a petition shall be filed no later than 90
days after the new grounds for review arise. Appeals of permit
actions for existing sources are subject to section 5506(14).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
