HOUSE BILL No. 4057

 

January 22, 2015, Introduced by Reps. Chang, Santana, Irwin, Plawecki, Hoadley, Robinson, Durhal, Neeley and Garrett and referred to the Committee on Energy Policy.

 

     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 new or renewal permit

 

under this part for a source located or proposed to be located in a

 

likely disparate impact area shall include a report on cumulative

 

pollution levels and effects. The report shall be paid for by the

 

applicant. The geographic area covered by the report shall be

 

identified through air dispersion modeling of criteria pollutants

 

and toxic air contaminants. The report and the air dispersion

 

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 both of

 

the following:

 

     (i) Cumulative levels of past and current environmental

 

pollution from all origins and in all media in the geographic area

 

within which the source's air emissions are likely to be deposited.

 

     (ii) The effects of that cumulative environmental pollution on

 

the environment and residents of that area.

 

     (b) "Likely disparate impact area" means a zip code area

 

containing 35 or more active permits under this part.