HOUSE BILL NO. 4845

August 28, 2019, Introduced by Reps. Koleszar, Hammoud, Tyrone Carter, Manoogian, Shannon, Pohutsky, Yancey, Clemente, Brenda Carter, Kennedy, Whitsett, Brixie, Camilleri, Garza, Rabhi, Robinson, Wittenberg, Sabo, Hood and Pagan and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

by amending section 5511 (MCL 324.5511) and by adding section 5506b.

the people of the state of michigan enact:

Sec. 5506b. The department shall not issue a permit, including a modification to a permit, for which public notice is required under section 5511(3) if both of the following apply:

(a) The permit would increase the maximum allowable amount of any emission.

(b) The legislative body of the municipality where the source of the emissions is located or proposed to be located submits to the department a resolution finding that an increase of emissions to the new maximum allowable amounts would adversely affect the public health in the vicinity of the source and requesting that the permit not be issued. The municipality shall submit the resolution described in this subdivision to the department before the expiration of the public comment period under section 5511(3).

Sec. 5511. (1) The department shall establish and maintain a list of all applications for permits submitted pursuant to sections 5505 and 5506. The list shall report the status of each application. The information on the list shall be updated by the department on a monthly basis. The department shall send a copy of the pertinent sections of the list to the chairperson of the county board of commissioners of each county. Any other person may subscribe to this list on a countywide or statewide basis and shall reimburse the department for the costs of copying, handling, and mailing. The department shall make the list available at district offices selected by the department. The department may also develop an electronic data base database that includes the capability is capable of making this list available to the public. This list shall include all of the following information:

(a) The name of the permit applicant.

(b) The street address, if available, the county, and the municipality in which the source is located or proposed to be located.

(d) The date the permit application was received by the department.

(e) The date when the permit application is determined to be administratively complete, if applicable.

(f) A brief description of the source, process, or process equipment covered by the permit application.

(g) Brief pertinent comments regarding the progress of the permit application, including the dates of public comment periods and public hearings, if applicable.

(2) The department shall establish and maintain, and update monthly, a list of all proposed consent order public notices. This information shall be updated by the department on a monthly basis. Any other person may subscribe to this list on a countywide or statewide basis and shall reimburse the department for the costs of copying, handling, and mailing. The department shall make the list available at district offices selected by the department. This list shall include all of the following information:

(a) The name of the parties to the proposed consent order.

(b) The street address, if available, and the county and municipality in which the source is located.

(d) A brief description of the alleged violation to be resolved by the proposed consent order.

(e) A brief description of the respondent's position regarding the alleged violation if the respondent requests such inclusion and supplies to the department a brief statement of the respondent's position regarding the alleged violation.

(3) The department shall not issue a permit to install or a nonrenewable permit to operate pursuant to section 5505 for a major source or for a major modification under title I of the clean air act, chapter 360, 77 Stat. 392, 42 U.S.C. 7401 to 7431, 7470 to 7479, 7491 to 7492, 7501 to 7509a, and 7511 to 7515 42 USC 7401 to 7590, or issue, renew, or significantly modify any operating permit issued under section 5506, or enter into a consent order, without providing public notice, including offering an opportunity for public comment and a public hearing on the draft permit or proposed consent order. In addition, the department shall not issue a permit for which there is a known public controversy without providing public notice including an opportunity for public comment and a public meeting. For the purposes of an operating permit issued under section 5506, a significant modification does not include any modifications to a permit made pursuant to section 5506(4)(h), (i), (j), or (k). For a general permit issued pursuant to section 5505(4) or section 5506(16), public notice and opportunity for public comment and a public hearing shall only be provided before the base general permit is approved, not as individual sources apply for coverage under that general permit. Public notice and an opportunity for public comment and a public hearing or public meeting as required under this section shall be provided as follows:

(a) Public notice shall be provided by publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice, and by other means determined to be necessary by the department to assure ensure adequate notice to the public. Notice shall also be provided to persons all of the following:

(i) Persons on a mailing list, developed by the department, including those persons who request in writing to be on that list. , and to any

(ii) Any other person who requests in writing to be notified of a permit action involving a specific source.

(iii) If the permit, including a modification to a permit, will increase the allowable amount of emissions, the legislative body of the municipality in which the source of the emissions is located or proposed to be located.

(b) The notice shall identify the source; the name and address of the responsible official; the mailing address of the department; the activity or activities involved in the proposed permit action or consent order; the emissions change involved in any significant permit modification; the name, address, and telephone number of a representative of the department from whom interested persons may obtain additional information, including copies of the draft permit or proposed consent order, the application, all relevant supporting material, and any other materials available to the department that are relevant to the permit or consent order decision; a brief description of the comment procedures required by this section; and the time and place of any public hearing or public meeting that may be held, including a statement of the procedures to request a public hearing or public meeting.

(c) The department shall provide at least 30 90 days for public comment and shall give notice of any public hearing or public meeting at least 30 days in advance of the hearing.

(d) The department shall keep a record of the commenters and the issues raised during the public comment period and public hearing or public meeting, if held, and shall make these records shall be available to the public.