September 21, 2011, Introduced by Reps. Tlaib, Durhal, Howze, Rutledge, Nathan, Lipton, Olumba, Santana and Jackson and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 5506a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5506a. (1) An application for a permit under this part
for a source located or proposed to be located in a likely
disparate impact area shall include a report paid for by the
applicant on cumulative pollution levels and effects. The report is
subject to department review and approval. The area of study for
the report shall be identified through air dispersion modeling of
criteria pollutants and toxic air contaminants. The modeling
protocols and results are subject to department review and
approval.
(2) The department shall hold at least 1 public meeting on an
application for a permit described in subsection (1) and at least 1
public meeting on a proposed draft permit. The applicant shall
participate in the meetings.
(3) In addition to other requirements of this part, the
department shall not issue a permit described in subsection (1)
unless the department has considered cumulative pollution levels
and effects. The department may deny or place conditions on the
permit based on cumulative pollution levels and effects.
(4) As used in this section:
(a) "Cumulative pollution levels and effects" means cumulative
levels and effects of past and current environmental pollution from
all origins and in all media on the environment and residents of
the geographic area within which the source's air emissions are
likely to be deposited.
(b) "Likely disparate impact area" means a location within a
zip code containing 35 or more active permits under this part.