January 25, 2005, Introduced by Senators BIRKHOLZ, GILBERT and GOSCHKA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5505 (MCL 324.5505).
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 use
the air emissions inventory established under section 5503(k) to
track available 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, chapter 360,
91
Stat. 731, 42 U.S.C. 7470 to 7479, 7491 to 7492, 7501 to 7509a,
and
7511 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 terms and conditions necessary to assure compliance
with all applicable requirements of this part, the rules
promulgated under this part, and the clean air act, including those
necessary to assure 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,
chapter
360, 91 Stat. 731, 42 U.S.C. 7470 to 7479 and 7491 42
USC
7470 to 7492, at each location, and shall 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.
(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, Act No. 236 of the Public Acts of 1961, being section
600.631
of the Michigan Compiled Laws 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 shall
be
in accordance with are subject to section 5506(14).