HOUSE BILL No. 5526


     December 13, 2001, Introduced by Rep. Kolb and referred to the Committee on Land Use and Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding section 5502a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 5502A.  (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS

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      PART OR THE RULES PROMULGATED UNDER THIS PART, THE DEPARTMENT

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      SHALL NOT ISSUE A PERMIT TO INSTALL OR AN OPERATING PERMIT UNDER

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      THIS PART FOR ANY OF THE FOLLOWING, IF LOCATED WITHIN 1/4 MILE OF

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      A RESIDENTIAL DWELLING, A PUBLIC OR NONPUBLIC ELEMENTARY OR SEC-

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      ONDARY SCHOOL, A PRESCHOOL, OR A CHILD CARE CENTER:

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           (A) A NEW MUNICIPAL SOLID WASTE INCINERATOR OR MEDICAL WASTE

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      INCINERATOR, OR A MODIFICATION OF AN EXISTING MUNICIPAL SOLID

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      WASTE INCINERATOR OR MEDICAL WASTE INCINERATOR THAT WILL INCREASE

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      THE EMISSIONS OF ANY AIR CONTAMINANT REGULATED UNDER THIS PART.




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           (B) A STATIONARY SOURCE THAT HAS THE POTENTIAL TO EMIT 100

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      OR MORE TONS PER YEAR OF ANY AIR CONTAMINANT REGULATED UNDER THE

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      CLEAN AIR ACT.

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           (C) A PARTICULAR CHANGE AT A MINOR OFFSET SOURCE THAT WILL

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      RESULT IN THE POTENTIAL TO EMIT 100 OR MORE TONS PER YEAR OF ANY

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      AIR CONTAMINANT REGULATED UNDER THE CLEAN AIR ACT.

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           (D) A NEW SOURCE OF HAZARDOUS AIR CONTAMINANTS OR A MODIFI-

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      CATION OF AN EXISTING SOURCE THAT WILL INCREASE THE EMISSIONS OF

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      ANY HAZARDOUS AIR CONTAMINANT.

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           (2) AS USED IN THIS SECTION:

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           (A) "CHILD CARE CENTER" MEANS THAT TERM AS DEFINED IN SEC-

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      TION 1 OF 1973 PA 116, MCL 722.111.

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           (B) "HAZARDOUS AIR CONTAMINANT" MEANS A HAZARDOUS AIR POL-

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      LUTANT LISTED UNDER SECTION 112 OF THE CLEAN AIR ACT,

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      42 U.S.C. 7412.

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           (C) "MINOR OFFSET SOURCE" MEANS THAT TERM AS DEFINED IN

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      R 336.1113 OF THE MICHIGAN ADMINISTRATIVE CODE.























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