November 1, 2005, Introduced by Reps. Sheen, Pastor, Taub, Booher, Garfield, Stahl, Drolet, Vander Veen, Gosselin, Rocca, Baxter, Huizenga, Hildenbrand, Hoogendyk, Hune, Palmer, Mortimer, Acciavatti, Nitz, Marleau, LaJoy, Caul, Green, Jones, Hansen, Newell, Pearce, Elsenheimer, Meyer, Gaffney, Amos, Kahn, Moore, Shaffer, Robertson, Hummel, Moolenaar, Sheltrown and Brown and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 5505, 5506, and 5522 (MCL 324.5505, 324.5506,
and 324.5522), section 5522 as amended by 2001 PA 49, and by adding
section 5506a.
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 permit-to-install
program to be administered by
the
department. Except as provided in subsections (4) and (5), the
permit
to install permit-to-install
program is applicable to each
new or modified process or process equipment that emits or may emit
an air contaminant.
(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
The 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 section 5506(14).
(9) The processing of a permit application under this section
is subject to section 5506a.
Sec. 5506. (1) After the date established pursuant to
subsections (3) and (4)(n), if an application for an operating
permit is required to be submitted, a person shall not operate a
source
that is required to obtain an operating permit under
section
502a of title V of the clean air act, chapter 360, 104
Stat.
2641, 42 U.S.C. USC
7661a, and which is thereby that
is
subject to the requirements of this section except in compliance
with an operating permit issued by the department. A permit issued
under this section does not convey a property right or an exclusive
privilege.
(2) If a person who owns or operates a source has submitted a
timely and administratively complete application for an operating
permit, including an application for renewal of an operating
permit, but final action has not been taken on the application, the
source's failure to have an operating permit is not a violation of
subsection (1) unless the delay in final action is due to the
failure of the person owning or operating the source to submit
information required or requested to process the application. A
source required to have a permit under this section is not in
violation of subsection (1) before the date on which the source is
required to submit an application pursuant to subsections (3) and
(4)(n). Except as otherwise provided in subsection (5), expiration
of an operating permit terminates a person's right to operate a
source. This subsection does not waive an applicable requirement to
obtain a permit under section 5505.
(3) A person who owns or operates a source required to have an
operating
permit pursuant to under this section shall submit to
the department within 12 months after the date on which the source
becomes subject to the requirement to obtain a permit under
subsection (1), or on an earlier date specified by rule, a
compliance plan and an administratively complete application for an
operating permit signed by a responsible official, who shall
certify
the accuracy of the information submitted. The department
shall
approve or disapprove a timely and administratively complete
application,
and shall issue or deny the operating permit within 18
months
after the date of receipt of the compliance plan and an
administratively
complete operating application, except that the
department
shall establish a phased schedule for acting on the
timely
and administratively complete operating permit applications
submitted
within the first full year after the operating permit
program
becomes effective. The schedule shall assure that at least
1/3
of the applications will be acted on by the department annually
over
a period not to exceed 3 years after the operating permit
program
becomes effective. The processing of a permit application
under this section is subject to section 5506a.
(4) The department shall promulgate rules to establish an
operating permit program required under title V to be administered
by the department. This permit program shall include all of the
following and, at a minimum, shall be consistent with the
requirements of title V:
(a) Provisions defining the categories of sources that are
subject to the operating permit requirements of this section.
Operating permits under this section are not required for any
source category that is not required to obtain an operating permit
under section
502(a) of the clean air act, title V of chapter 360,
104
Stat. 2641, 42 U.S.C. USC 7661a.
(b) Requirements for operating permit applications, including
standard application forms, the minimum information that must be
submitted with an administratively complete application, and
criteria for determining in a timely fashion as provided for in
section 5506a the administrative completeness of an application.
(c) A requirement that each operating permit application
include a compliance plan describing how the source will comply
with all applicable requirements of this part, rules promulgated
under this part, and the clean air act.
(d) Provisions for inspection, entry, monitoring, record
keeping, and reporting applicable to each operating permit issued
under this section.
(e) Requirements and provisions for expeditiously determining
when applications are technically complete, for processing
applications.
(f) Provisions for transmitting copies of each operating
permit application and proposed and final permits, including each
modification or renewal, to the administrator of the United States
environmental protection agency, and for notifying all other states
whose air quality may be affected and are contiguous to this state
and for providing an opportunity for those states to provide
written recommendations on each operating permit application and
proposed
permit, pursuant to the requirements of
section 505(a)
and
(d) of the clean air act, title V of chapter 360, 104 Stat.
2643,
42 U.S.C. 7661d 42 USC 7661d(a)
and (d).
(g) Provisions for issuance of operating permits and, in
accordance with this part and rules promulgated under this part,
for denial, termination, modification, revocation, renewal, and
revision of operating permits for cause.
(h) Provisions to allow for changes within a permitted source
without a revision to the operating permit, if the changes are not
modifications
under any provision of title I of the clean air act,
chapter
360, 77 Stat. 392, 42 U.S.C. 7401 to 7431, 7470 to 7479,
7491
to 7492, 7501 to 7509a, and 7511 42
USC 7401 to 7515, and the
changes do not exceed the emissions allowed under the operating
permit, if the owner or operator of the source provides the
department and the administrator of the United States environmental
protection agency with written notification at least 7 days in
advance of the proposed changes. However, the department may
provide a different time frame for an emergency as defined in
section 5527. The emissions allowed under the operating permit
include any enforceable emission limitation, standard, or other
condition, including a work practice standard, determined by the
department to be required by an applicable requirement of this
part, rules promulgated under this part, or the clean air act, or
that establishes an emission limit or an enforceable emissions cap
that the source has assumed to avoid an applicable requirement of
this part, rules promulgated under this part, or the clean air act,
to which the source would otherwise be subject. These provisions
shall include the following:
(i) Changes that contravene an express permit
condition. Such
Those changes shall not include changes that would violate any
applicable requirement of this part, the rules promulgated under
this part, or the clean air act, or changes that would contravene
any applicable requirement for monitoring, record keeping,
reporting, or compliance certification.
(ii) Changes that involve emissions trading if trading has been
approved by the administrator of the United States environmental
protection agency as a part of the state implementation plan.
(i) Provisions to allow changes within a permitted source,
pursuant
to 40 C.F.R. CFR 70.4(b)(14), that are not addressed or
prohibited by the operating permit, if all of the following
criteria are met:
(i) The change meets all applicable requirements of this part,
the rules promulgated under this part, and the clean air act and
does not violate any existing emission limitation, standard, or
other condition of the operating permit.
(ii) The change does not affect any applicable requirement of
the acid rain program under title IV and is not a modification
under
any provision of title I of the clean air act, chapter 360,
77
Stat. 392, 42 U.S.C. 7401 to 7431, 7470 to 7479, 7491 to 7492,
7501
to 7509a, and 7511 42 USC
7401 to 7515.
(iii) The source provides prompt written notice to the
department and the administrator of the United States environmental
protection agency, except for changes that qualify as insignificant
processes or activities pursuant to section 5507(2).
(j) Provisions to allow changes within a permitted source,
pursuant
to 40 C.F.R. CFR 70.7(e)(2), that may be made
immediately after the source files an application with the
department, if all of the following criteria are met:
(i) The change does not violate any applicable requirement of
this part, the rules promulgated under this part, or the clean air
act.
(ii) The change does not significantly affect an existing
monitoring, record keeping, or reporting requirement in the
operating permit.
(iii) The change does not require or modify a case-by-case
determination of an emission limitation or other standard, or a
source-specific determination, for temporary sources, of ambient
air impacts, or a visibility or increment analysis.
(iv) The change does not seek to establish or modify an
emission limitation, standard, or other condition of the operating
permit that the source has assumed to avoid an applicable
requirement of this part, the rules promulgated under this part, or
the clean air act, to which the source would otherwise be subject.
(v) The change is not a modification under any provision of
title
I of the clean air act, chapter 360, 77 Stat. 392, 42
U.S.C.
7401 to 7431, 7470 to 7479, 7491 to 7492, 7501 to 7509a, and
7511
42 USC 7401 to 7515.
(k) Provisions for expeditiously handling administrative
changes
within a permitted source, pursuant to 40 C.F.R. CFR
70.7(d). These changes are limited to the following:
(i) Correction of a typographical error.
(ii) A change in the name, address, or phone number of any
person identified in the permit, or other similar minor
administrative change.
(iii) A change that requires more frequent monitoring or
reporting by the person owning or operating the source.
(iv) A change in ownership or operational control of the
source, if the department determines that no other change in the
operating permit is necessary, and if a written agreement
containing a specific date for transfer of operating permit
responsibility, coverage, and liability between the current and new
owners or operators has been submitted to the department.
(v) Incorporation into the operating permit of the
requirements of a permit to install issued pursuant to section
5505, if the permit to install has met procedural requirements that
are substantially equivalent to the requirements of this section,
including the content of the permit, and the provisions for
participation by the United States environmental protection agency
and other affected states and participation of the public under
section 5511.
(l) Provisions for including reasonably anticipated alternate
operating
scenarios in an operating permit, pursuant to 40 C.F.R.
CFR 70.6(a)(9).
(m) Provisions to allow for the trading of emission increases
and decreases within a permitted source solely for the purpose of
complying with an enforceable emissions cap that is established in
the
permit pursuant to 40 C.F.R. part CFR 70.4(b)(12)(iii),
independent of any otherwise applicable requirements of this part,
the rules promulgated under this part, or the clean air act.
(n) A schedule of the dates when submittal of an application
for an operating permit is required for the source categories
subject
to this section and a phased schedule for taking final
action on those applications subject to section 5506a.
(5) Each operating permit issued under this section shall be
for a fixed term not to exceed 5 years. A permit applicant shall
submit a timely application for renewal of an operating permit at
least
6 months, but not more than 18 months, prior to before
the
expiration of the term of the existing operating permit. If a
timely and administratively complete application is submitted, but
the department has not approved or denied the renewal permit before
the expiration of the term of the existing permit, the existing
permit shall not expire until the renewal permit is approved or
denied.
(6) Each operating permit issued pursuant to this section
shall include those enforceable emissions limitations and standards
applicable to the source, if any, and other conditions necessary to
assure compliance with the applicable requirements of this part,
rules promulgated under this part, and the clean air act, a
schedule of compliance, and a requirement that the owner or
operator of a source submit to the department, at least every 6
months, a report summarizing the results of any required
monitoring. Each operating permit issued pursuant to this section
shall also include a severability clause to ensure the continued
validity of the unchallenged terms and conditions of the operating
permit if any portion of a permit is challenged.
(7) The department shall require revision of an operating
permit
prior to before the expiration of the permit consistent
with
section 5506(4)(g) rules
promulgated under subsection
(4)(g), for any of the following reasons or to do any of the
following:
(a) To incorporate new applicable emissions limitations,
standards, or rules promulgated under this part or regulations
promulgated under the clean air act, issued or promulgated after
the issuance of the permit, if 3 or more years remain in the term
of the permit. A revision shall occur as expeditiously as
practicable, but not later than 18 months after the promulgation of
the emission limitation, standard, rule, or regulation. A revision
is not required if the effective date of the emission limitation,
standard, rule, or regulation is after the expiration date of the
permit.
(b) To incorporate new applicable standards and requirements
of the acid rain program under title IV into the operating permits
of sources affected by that program.
(c) If the department determines that the permit contains a
material mistake; that information required by this part, rules
promulgated under this part, or the clean air act was omitted; or
that an inaccurate statement was made in establishing the emissions
limitations, standards, or conditions of the permit.
(d) If the department determines that the permit must be
revised to assure compliance with the applicable requirements of
this part, rules promulgated under this part, or the clean air act.
(8) At the request of the permit holder, a permit revision
under subsection (7) may be treated as a permit renewal if it
complies with the applicable requirements for permit renewals of
this part, rules promulgated under this part, and the clean air
act.
(9) A person who owns or operates a source subject to an
operating permit issued pursuant to this section shall promptly
report to the department any deviations from the emissions
limitations, standards, or conditions of the permit and shall
annually certify to the department that the source has been and is
in compliance with all emissions limitations, standards, and
conditions of the permit, except for those deviations reported to
the department, during the reporting period. A responsible official
shall sign all reports submitted pursuant to this subsection.
(10) The department shall not approve or otherwise issue any
operating permit for a source required to obtain an operating
permit
pursuant to section 502(a) of title V of the clean air act,
chapter
360, 104 Stat. 2641, 42 U.S.C. 7661a 42 USC 7661a(a), if
the administrator of the United States environmental protection
agency objects to issuance of the permit in a timely manner
pursuant
to section 505(b) of title V of the clean air act,
chapter
360, 104 Stat. 2643, 42 U.S.C. 7661d 42 USC 7661d(b).
(11) Each operating permit shall contain a statement that
compliance with an operating permit issued in accordance with this
section is compliance with subsection (1). In addition, the
statement shall provide that compliance with the operating permit
is compliance with other applicable requirements of this part,
rules promulgated under this part, and the clean air act, as of the
date of permit issuance if either of the following requirements is
met:
(a) The permit specifically includes the applicable
requirement.
(b) The permit includes a determination that any other
requirements that are specifically referred to in the determination
are not applicable.
(12) An application for an operating permit may include a
request that the permit include reference to specific requirements
of this part, rules promulgated under this part, or the clean air
act that the person owning or operating the source believes are not
applicable to the source. The operating permit shall include a
determination of applicability for the requirements included in the
request.
(13) Subsection (11) does not apply to a change at a source
made pursuant to subsection (4)(h), (i), or (j). Subsection (11)
does not apply to a change in a source made pursuant to subsection
(4)(k) until the change is incorporated into the operating permit.
(14) A person who owns or operates an existing source that is
required to obtain an operating permit under this section, a
general permit, or a permit to operate authorized under rules
promulgated under section 5505(6) may file a petition with the
department for review of the denial of his or her application for
such a permit, the revision of any emissions limitation, standard,
or condition, or a proposed revocation of his or her permit. This
review shall be conducted pursuant to the contested case and
judicial review procedures of the administrative procedures act of
1969,
Act No. 306 of the Public Acts of 1969, being sections
24.201
to 24.328 of the Michigan Compiled Laws 1969 PA 306, MCL
24.201 to 24.328. Any person may appeal the issuance or denial of
an operating permit 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. A petition for judicial review is the exclusive means
of obtaining judicial review of a permit and shall be filed within
90
days after the final permit action. Such a The
petition may be
filed after that deadline only if it is based solely on grounds
arising after the deadline for judicial review and if the appeal
does not involve applicable standards and requirements of the acid
rain
program under title IV. Such a The petition shall be filed
within 90 days after the new grounds for review arise.
(15) The failure of the department to act on a technically and
administratively complete application or renewal application for an
operating
permit in accordance with a time requirement established
pursuant
to subsection (3) in section 5506a and rules promulgated
under subsection (4)(n) is 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
without additional delay on the application or renewal application.
(16) The department may, after notice and opportunity for
public hearing, pursuant to the requirements of section 5511, issue
a general permit covering numerous similar sources, processes, or
process equipment, or a permit that authorizes operation of a
source at numerous temporary locations. A general permit or a
permit that authorizes operation of a source at numerous temporary
locations shall comply with all requirements applicable to
operating permits pursuant to this section. A permit that
authorizes operation of a source at numerous temporary locations
shall include terms and conditions necessary to assure compliance
with all applicable requirements of this part, rules promulgated
under this part, and the clean air act, including those necessary
to assure compliance with all applicable ambient air standards,
applicable emission limits, and applicable 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 authorized location and shall require the
owner or operator of the source to notify the department at least
10 days in advance of each change in location. A source covered by
a general permit is not relieved from the obligation to file an
application for a permit pursuant to subsections (3) and (5).
(17) As used in this section, "technically complete" means,
for the purposes of an application for an operating permit required
by this section, all of the information required for an
administratively complete application and any other specific
information requested by the department that may be necessary to
implement and enforce all applicable requirements of this part, the
rules promulgated under this part, or the clean air act, or to
determine the applicability of those requirements. An application
is not technically complete if it omits information needed to
determine the applicability of any lawful requirement or to enforce
any lawful requirement or any information necessary to evaluate the
amount of the annual air quality fee for the source.
Sec. 5506a. (1) This section applies to the processing of
applications for new permits or the renewal of existing permits
required under this part unless the department and the applicant
agree in writing to alternate provisions.
(2) The department shall determine whether an application for
a major source is administratively complete within 10 days after
the receipt of the application. If the department finds that the
application is not complete, the department shall notify the
applicant in writing. If the application is resubmitted, the
department has 5 business days or the remaining days, if any, of
the original 10-day period, whichever is greater, to determine if
the resubmitted application is administratively complete. If the
department does not determine whether an application is
administratively complete within the time provided under this
subsection, the application shall be considered to be
administratively complete.
(3) Within 120 days after receipt of an administratively
complete application and any other required documents for a new
permit or a renewal of a permit for a major source, the department
shall determine whether to grant or deny the permit. The department
shall notify the applicant of the decision in writing.
(4) Within 60 days of receipt of an administratively complete
application and any other required documents for a new permit or a
renewal of a permit for a minor source, the department shall
process the application and make a determination to grant or deny
the permit. The department shall notify the applicant of the
decision in writing.
(5) If the department fails to process an application and make
a determination to grant or deny the permit within the time
required under subsection (3) or (4), as applicable, the department
shall return to the applicant the application fee submitted under
section 5522 and the applicant shall not be subject to an
application fee and shall receive a 15% annual discount on an
annual permit fee required for a permit issued based on that
application.
(6) The department shall arrange for not less than 35% of the
applications for permits to install and not less than 35% of the
applications for renewable operating permits to be processed by
private contractors operating in this state. A private contractor
is not eligible to be awarded the processing of more than 1/3 of
the applications for permits to install or more than 1/3 of the
applications for renewable operating permits that are awarded to
private contractors under this subsection. A private contractor is
subject to the same time limits as provided under subsections (3)
and (4), commencing upon its receipt of the application. The
private contractor shall report to the department and the applicant
its findings and recommendations, in writing. The department shall
approve or deny the application within 30 days based on the private
contractor's findings and recommendations. A determination under
this subsection is subject to the same review and appeals as if the
determination were made by the department. (7) A person shall
not serve as a private contractor under subsection (6) unless the
person has been certified as competent by the department. A private
contractor shall not process an application from any applicant with
which the private contractor has or has had any business
relationship within the past 3 years. A private contractor shall be
paid a reasonable fee for its permit processing from the fees
collected under this part. The department shall promulgate rules to
implement this subsection.
Sec. 5522. (1) For the state fiscal year beginning October 1,
2001, and continuing until September 30, 2005, the owner or
operator of each fee-subject facility shall pay air quality fees as
required and calculated under this section. The department may levy
and collect an annual air quality fee from the owner or operator of
each fee-subject facility in this state. The legislature intends
that the fees required under this section meet the minimum
requirements of the clean air act and that this expressly stated
fee system serve as a limitation on the amount of fees imposed
under this part on the owners or operators of fee-subject
facilities in this state.
(2) The annual air quality fee shall be calculated for each
fee-subject facility, according to the following procedure:
(a) For category I facilities, the annual air quality fee
shall be the sum of a facility charge and an emissions charge as
specified in subdivision (e). The facility charge shall be
$4,485.00.
(b) For category II facilities, the annual air quality fee
shall be the sum of a facility charge and an emissions charge as
specified in subdivision (e). The facility charge shall be
$1,795.00.
(c) For category III facilities, the annual air quality fee
shall be $250.00.
(d) For municipal electric generating facilities that are
category I facilities and that emit more than 450 tons but less
than 18,000 tons of fee-subject air pollutants, the annual air
quality fee shall be the following amount, based on the number of
tons of fee-subject air pollutants emitted:
(i) More than 450 tons but less than 4,000 tons, $24,816.00.
(ii) At least 4,000 tons but not more than 5,300 tons,
$24,816.00 plus $45.25 per ton of fee-subject air pollutant in
excess of 4,000 tons.
(iii) More than 5,300 tons but not more than 12,000 tons,
$85,045.00.
(iv) More than 12,000 tons but less than 18,000 tons,
$159,459.00.
(e) The emissions charge for category I and category II
facilities shall equal the emission charge rate of $45.25,
multiplied by the actual tons of fee-subject air pollutants
emitted. A pollutant that qualifies as a fee-subject air pollutant
under more than 1 class shall be charged only once. The actual tons
of fee-subject air pollutants emitted is considered to be the sum
of all fee-subject air pollutants emitted at the fee-subject
facility for the calendar year 2 years preceding the year of
billing, but not more than the lesser of the following:
(i) 4,000 tons.
(ii) 1,000 tons per pollutant, if the sum of all fee-subject
air pollutants except carbon monoxide emitted at the fee-subject
facility is less than 4,000 tons.
(3) The auditor general shall conduct a biennial audit of the
federally mandated operating permit program required in title V.
The audit shall include the auditor general's recommendation
regarding the sufficiency of the fees required under subsection (2)
to meet the minimum requirements of the clean air act.
(4) After January 1, but before January 15 of each year
beginning in 1995, the department shall notify the owner or
operator of each fee-subject facility of its assessed annual air
quality fee. Payment is due within 90 calendar days of the mailing
date of the air quality fee notification. If an assessed fee is
challenged under subsection (6), payment is due within 90 calendar
days of the mailing date of the air quality fee notification or
within 30 days of receipt of a revised fee or statement supporting
the original fee, whichever is later. The department shall deposit
all fees collected under this section to the credit of the fund.
(5) If the owner or operator of a fee-subject facility fails
to submit the amount due within the time period specified in
subsection (4), the department shall assess the owner or operator a
penalty of 5% of the amount of the unpaid fee for each month that
the payment is overdue up to a maximum penalty of 25% of the total
fee owed.
(6) If the owner or operator of a fee-subject facility desires
to challenge its assessed fee, the owner or operator shall submit
the challenge in writing to the department. The department shall
not process the challenge unless it is received by the department
within 45 calendar days of the mailing date of the air quality fee
notification described in subsection (4). A challenge shall
identify the facility and state the grounds upon which the
challenge is based. Within 30 calendar days of receipt of the
challenge, the department shall determine the validity of the
challenge and provide the owner with notification of a revised fee
or a statement setting forth the reason or reasons why the fee was
not revised. Payment of the challenged or revised fee is due within
the time frame described in subsection (4). If the owner or
operator of a facility desires to further challenge its assessed
fee, the owner or operator of the facility has an opportunity for a
contested case hearing as provided for under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(7) If requested by the department, by March 15 of each year,
or within 45 days of a request by the department, whichever is
later, the owner or operator of each fee-subject facility shall
submit information regarding the facility's previous year's
emissions to the department. The information shall be sufficient
for the department to calculate the facility's emissions for that
year
and meet the requirements of subpart Q of 40 C.F.R. CFR
part
51.
(8) By July 1 of each year, the department shall provide the
owner or operator of each fee-subject facility required to pay an
emission charge pursuant to this section with a copy of the
department's calculation of the facility emissions for the previous
year. Within 60 days of this notification, the owner or operator of
the facility may provide corrections to the department. The
department shall make a final determination of the emissions by
December 15 of that year. If the owner or operator disagrees with
the determination of the department, the owner or operator may
request a contested case hearing as provided for under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(9) By March 1 annually, the department shall prepare and
submit
to the governor, the legislature, the chair chairs
of the
standing
committee committees of the senate and house of
representatives with primary responsibility for environmental
protection issues related to air quality, and the chairs of the
subcommittees of the senate and house appropriations committees
with primary responsibility for appropriations to the department a
report that details the activities of the previous fiscal year
funded by the fund for the department. This report shall include,
at a minimum, all of the following as it relates to the department:
(a) The number of full-time equated positions performing title
V and non-title V air quality enforcement, compliance, or
permitting activities.
(b)
All of the following information related to the permit to
install
permit-to-install program authorized under section 5505:
(i) The number of permit to install permit-to-install
applications received by the department.
(ii) The number of permit to install permit-to-install
applications for which a final action was taken by the department.
The number of final actions should be reported as the number of
applications approved, the number of applications denied, and the
number of applications withdrawn by the applicant.
(iii) The number of permits to install approved that were
required to complete public participation under section 5511(3)
before final action and the number of permits to install approved
that were not required to complete public participation under
section
5511(3) prior to before final action.
(iv) The average number of final permit actions per permit
to
install
permit-to-install reviewer full-time equivalent position.
(v) The percentage and number of permit
to install permit-
to-install applications which were reviewed for administrative
completeness within 10 days of receipt by the department.
(vi) The percentage and number of permit
to install permit-
to-install applications which were reviewed for technical
completeness within 30 days of receipt of an administratively
complete application by the department.
(vii) The percentage and number of permit
to install permit-
to-install applications submitted to the department that were
administratively complete as received.
(viii) The percentage and number of permit
to install permit-
to-install applications for which a final action was taken by the
department within 60 days of receipt of a technically complete
application for those not required to complete public participation
under
section 5511(3) prior to before final action, or within 120
days of receipt of a technically complete application for those
which are required to complete public participation under section
5511(3)
prior to before final action.
(c) All of the following information for the renewable
operating permit program authorized under section 5506:
(i) The number of renewable operating permit applications
received by the department.
(ii) The number of renewable operating permit applications for
which a final action was taken by the department. The number of
final actions should be reported as the number of applications
approved, the number of applications denied, and the number of
applications withdrawn by the applicant.
(iii) The percentage and number of permit applications initially
processed within the required time.
(iv) The percentage and number of permit renewals and
modifications processed within the required time.
(v) The number of permit applications reopened by the
department.
(vi) The number of general permits issued by the department.
(d) The number of letters of violation sent.
(e) The amount of penalties collected from all consent orders
and judgments.
(f) For each enforcement action that includes payment of a
penalty, a description of what corrective actions were required by
the enforcement action.
(g) The number of inspections done on sources required to
obtain a permit under section 5506 and the number of inspections of
other sources.
(h) The number of air pollution complaints received,
investigated, not resolved, and resolved by the department.
(i) The number of contested case hearings and civil actions
initiated and completed, and the number of voluntary consent
orders, administrative penalty orders, and emergency orders entered
or issued, for sources required to obtain a permit under section
5506.
(j) The amount of revenue in the fund at the end of the fiscal
year.
(10) The report under subsection (9) shall also include the
amount of revenue for programs under this part received during the
prior fiscal year from fees, from federal funds, and from general
fund appropriations. Each of these amounts shall be expressed as a
dollar amount and as a percent of the total annual cost of programs
under this part.
(11) The attorney general may bring an action for the
collection of the fees imposed under this section.
(12) This section does not apply if the administrator of the
United States environmental protection agency determines that the
department is not adequately administering or enforcing the
renewable operating permit program and the administrator
promulgates and administers a renewable operating permit program
for this state.