June 7, 2018, Introduced by Reps. Yancey, Hammoud, Wittenberg, Moss, Sowerby, Clemente, LaGrand, Santana, Zemke and Chang and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5516 (MCL 324.5516).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5516. (1) A The department
may hold a public hearing with
reference
to pollution control. may be held before the department.
Persons
Individuals designated to conduct the hearing shall be
described as presiding officers and shall be disinterested and
technically
qualified persons.individuals.
If the hearing concerns
the issuance or modification of a permit that will result in an
increase in emissions, the department shall require the person
requesting the permit or modification, or his or her
representative, to attend the hearing and respond to questions from
the public.
(2) A copy of each permit, permit application, order,
compliance plan and schedule of compliance, emissions or compliance
monitoring report, sample analysis, compliance certification, or
other report or information required under this part, rules
promulgated under this part, or permits or orders issued under this
part shall be available to the public to the extent provided by the
freedom
of information act, Act No. 442 of the Public Acts of 1976,
being
sections 15.231 to 15.246 of the Michigan Compiled Laws.1976
PA 442, MCL 15.231 to 15.246.
(3) A person whose activities are regulated under this part
may designate a record or other information, or a portion of a
record, permit application, or other information furnished to or
obtained by the department or its agents, as being only for the
confidential use of the department. The department shall notify the
person asserting confidentiality of a request for public records
under
section 5 of the freedom of information act, Act No. 442 of
the
Public Acts of 1976, being section 15.235 of the Michigan
Compiled
Laws, 1976 PA 442, MCL
15.235, the scope of which includes
information that has been designated by the regulated person as
being confidential. The person asserting confidentiality has 25
days after the receipt of the notice to demonstrate to the
department that the information designated as confidential should
not be disclosed because the information is a trade secret or
secret process, or is production, commercial, or financial
information the disclosure of which would jeopardize the
competitive position of the person from whom the information was
obtained, and make available information not otherwise publicly
available. The department shall grant the request for the
information unless the person regulated under this part
demonstrates to the satisfaction of the department that the
information should not be disclosed. If there is a dispute between
the person asserting confidentiality and the person requesting
information
under Act No. 442 of the Public Acts of 1976, the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the
department shall make the decision to grant or deny the request.
After the department makes a decision to grant a request, the
department
shall not release the information
requested shall not be
released
until 8 business days after the
regulated person's receipt
of notice of the department's decision. This does not prevent the
use of the information by the department in compiling or publishing
analyses or summaries relating to ambient air quality if the
analyses or summaries do not identify the person or reveal
information
which that is otherwise confidential under this
section. This section does not render data on the quantity,
composition, or quality of emissions from any source confidential.
Data on the amount and nature of air contaminants emitted from a
source shall be available to the public.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.