February 8, 2011, Introduced by Reps. Kurtz, Wayne Schmidt, Damrow, Daley, Cotter, Farrington, Somerville and Agema and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.


     A bill to amend 1994 PA 451, entitled


"Natural resources and environmental protection act,"


by amending section 5512 (MCL 324.5512).




     Sec. 5512. (1) The department shall promulgate rules for


purposes of doing all of the following:


     (a) Controlling or prohibiting air pollution.


     (b) Complying with the clean air act.


     (c) Controlling any mode of transportation that is capable of


causing or contributing to air pollution.


     (d) Reviewing proposed locations of stationary emission




     (e) Reviewing modifications of existing emission sources.


     (f) Prohibiting locations or modifications of emission sources


that impair the state's ability to meet federal ambient air quality




     (g) Establishing suitable emission standards consistent with


federal ambient air quality standards established by the federal


government and factors including, but not limited to, conditions of


the terrain, wind velocities and directions, land usage of the


region, and the anticipated characteristics and quantities of


potential air pollution sources. This part does not prohibit the


department from denying or revoking a permit to operate a source, a


process, or process equipment that would adversely affect human


health or other conditions important to the life of the community.


     (h) Implementing sections 5505 and 5506.


     (2) The department shall not promulgate rules under this act


to prohibit the open burning of household waste from a 1-family or


2-family dwelling at the location of the dwelling.


     (3) (2) Unless otherwise provided in this part, each rule,


permit, or administrative order promulgated or issued under this


part prior to November 13, 1993 shall remain in effect according to


its terms unless the rule or order is inconsistent with this part


or is revised, amended, or repealed.