May 16, 2019, Introduced by Senators CHANG, IRWIN, GEISS, BULLOCK, ALEXANDER, BAYER and BRINKS and referred to the Committee on Environmental Quality.
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 where
emissions occur under 35 or more active permits under this part.