SENATE BILL NO. 813
November 13, 1997, Introduced by Senator DINGELL and
referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 5501, 5521, and 5522 (MCL 324.5501,
324.5521, and 324.5522); and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5501. As used in this part:
2 (a) "Air contaminant" means a dust, fume, gas, mist, odor,
3 smoke, vapor, or any combination thereof.
4 (b) "Air pollution" means the presence in the outdoor atmo-
5 sphere of air contaminants in quantities, of characteristics,
6 under conditions and circumstances, and of a duration that are or
7 can become injurious to human health or welfare, to animal life,
8 to plant life, or to property, or that interfere with the
9 enjoyment of life and property in this state, and excludes all
10 aspects of employer-employee relationships as to health and
04738'97 TMV
2
1 safety hazards. With respect to any mode of transportation,
2 nothing in this part or in the rules promulgated under this part
3 shall be inconsistent with the federal regulations, emission
4 limits, standards, or requirements on various modes of
5 transportation. Air pollution does not mean those usual and
6 ordinary odors associated with a farm operation if the person
7 engaged in the farm operation is following generally accepted
8 agricultural and management practices.
9 (c) "Air pollution control equipment" means any method, pro-
10 cess, or equipment that removes, reduces, or renders less noxious
11 air contaminants discharged into the atmosphere.
12 (d) "Category I facility" means a fee-subject facility that
13 is a major stationary source as defined in section 302 of title
14 III of the clean air act, 77 Stat. 400, 42 U.S.C. 7602, an
15 affected source as defined pursuant to section 402 of title IV of
16 the clean air act, chapter 360, 104 Stat. 2641, 42 U.S.C. 7651a,
17 or a major stationary source as defined in section 169a of
18 subpart 2 of part C of title I of the clean air act, chapter 360,
19 91 Stat. 742, 42 U.S.C. 7491.
20 (e) "Category II facility" means a fee-subject facility that
21 is a major source as defined in section 112 of part A of title I
22 of the clean air act, 84 Stat. 1685, 42 U.S.C. 7412, or a facil-
23 ity subject to requirements of section 111 of part A of title I
24 of the clean air act, chapter 360, 84 Stat. 1683, 42 U.S.C. 7411,
25 except that a category II facility that also meets the definition
26 of a category I facility is a category I facility.
04738'97
3
1 (f) "Category III facility" means any fee-subject facility
2 that is not a category I or category II facility.
3 (g) "Clean air act" means chapter 360, 69 Stat. 322, 42
4 U.S.C. 7401 to 7431, 7470 to 7479, 7491 to 7492, 7501 to 7509a,
5 7511 to 7515, 7521 to 7525, 7541 to 7545, 7547 to 7550, 7552 to
6 7554, 7571 to 7574, 7581 to 7590, 7601 to 7612, 7614 to 7617,
7 7619 to 7622, 7624 to 7627, 7641 to 7642, 7651 to 7651o, 7661 to
8 7661f, and 7671 to 7671q, and regulations promulgated under the
9 clean air act.
10 (h) "Emission" means the emission of an air contaminant.
11 (i) "Farm operation" has the meaning ascribed to it in the
12 Michigan right to farm act, Act No. 93 of the Public Acts
of
13 1981, being sections 286.471 to 286.474 of the Michigan
Compiled
14 Laws 1981 PA 93, MCL 286.471 TO 286.474.
15 (j) "Fee-subject air pollutant" means particulates,
16 EXPRESSED AS PM-10 PURSUANT TO 1996 MR 11, R 336.1116(K), sulfur
17 dioxide, volatile organic compounds, nitrogen oxides, ozone,
18 lead, and any pollutant regulated under section 111 or 112 of
19 part A of title I of the clean air act, chapter 360, 84
20 Stat. 1683 and 1685, 42 U.S.C. 7411 and 7412, or title III of the
21 clean air act, chapter 360, 77 Stat. 400, 42 U.S.C. 7601 to 7612,
22 7614 to 7617, 7619 to 7622, and 7624 to 7627.
23 (k) "Fee-subject facility" means the following sources:
24 (i) Any major source as defined in 40 C.F.R. 70.2.
25 (ii) Any source, including an area source, subject to a
26 standard, limitation, or other requirement under section 111 of
27 part A of title I of the clean air act, chapter 360,
04738'97
4
1 84 Stat. 1683, 42 U.S.C. 7411, when the standard, limitation, or
2 other requirement becomes applicable to that source.
3 (iii) Any source, including an area source, subject to
a
4 standard, limitation, or other requirement under section 112 of
5 part A of title I of the clean air act, 84 Stat. 1685,
6 42 U.S.C. 7412, when the standard, limitation, or other require-
7 ment becomes applicable to that source. However, a source is not
8 a fee-subject facility solely because it is subject to a regula-
9 tion, limitation, or requirement under section 112(r) of part A
10 of title I of the clean air act, chapter 360, 84 Stat. 1685, 42
11 U.S.C. 7412.
12 (iv) Any affected source under title IV.
13 (v) Any other source in a source category designated by
the
14 administrator of the United States environmental protection
15 agency as required to obtain an operating permit under title V,
16 when the standard, limitation, or other requirement becomes
17 applicable to that source.
18 (l) "Fund" means the emissions control fund created in
19 section 5521.
20 (m) "General permit" means a permit to install, permit to
21 operate authorized pursuant to rules promulgated under
22 section 5505(6), or an operating permit under section 5506, for a
23 category of similar sources, processes, or process equipment.
24 General provisions for issuance of general permits shall be pro-
25 vided for by rule.
26 (n) "Generally accepted agricultural and management
27 practices" has the meaning ascribed to it in Act No. 93 of
the
04738'97
5
1 Public Acts of 1981 THE MICHIGAN RIGHT TO FARM
ACT, 1981 PA 93,
2 MCL 286.471 TO 286.474.
3 (o) "Major emitting facility" means a stationary source that
4 emits 100 tons or more per year of any of the following:
5 (i) Particulates.
6 (ii) Sulfur dioxides.
7 (iii) Volatile organic compounds.
8 (iv) Oxides of nitrogen.
9 (p) "Process" means an action, operation, or a series of
10 actions or operations at a source that emits or has the potential
11 to emit an air contaminant.
12 (q) "Process equipment" means all equipment, devices, and
13 auxiliary components, including air pollution control equipment,
14 stacks, and other emission points, used in a process.
15 (r) "Responsible official" means for the purposes of signing
16 and certifying as to the truth, accuracy, and completeness of
17 permit applications, monitoring reports, and compliance certifi-
18 cations any of the following:
19 (i) For a corporation: a president, secretary,
treasurer,
20 or vice-president in charge of a principal business function, or
21 any other person who performs similar policy or decision making
22 functions for the corporation, or an authorized representative of
23 that person if the representative is responsible for the overall
24 operation of 1 or more manufacturing, production, or operating
25 facilities applying for or subject to a permit under this part
26 and either the facilities employ more than 250 persons or have
27 annual sales or expenditures exceeding $25,000,000.00, or if the
04738'97
6
1 delegation of authority to the representative is approved in
2 advance by the department.
3 (ii) For a partnership or sole proprietorship: a
general
4 partner or the proprietor.
5 (iii) For a county or municipality or a state, federal,
or
6 other public agency: either a principal executive
officer or
7 ranking elected official. For this purpose, a principal execu-
8 tive officer of a federal agency includes the chief executive
9 officer having responsibility for the overall operations of a
10 principal geographic unit of the agency.
11 (iv) For sources affected by the acid rain program
under
12 title IV: the designated representative insofar as actions,
13 standards, requirements, or prohibitions under that title are
14 concerned.
15 (s) "Schedule of compliance" means, for a source not in com-
16 pliance with all applicable requirements of this part, rules
17 promulgated under this part, and the clean air act at the time of
18 issuance of an operating permit, a schedule of remedial measures
19 including an enforceable sequence of actions or operations lead-
20 ing to compliance with an applicable requirement and a schedule
21 for submission of certified progress reports at least every 6
22 months. Schedule of compliance means, for a source in compliance
23 with all applicable requirements of this part, rules promulgated
24 under this part, and the clean air act at the time of issuance of
25 an operating permit, a statement that the source will continue to
26 comply with these requirements. With respect to any applicable
27 requirement of this part, rules promulgated under this part, and
04738'97
7
1 the clean air act effective after the date of issuance of an
2 operating permit, the schedule of compliance shall contain a
3 statement that the source will meet the requirements on a timely
4 basis, unless the underlying applicable requirement requires a
5 more detailed schedule.
6 (t) "Source" means a stationary source as defined in section
7 302(z) of title III of the clean air act, 77 Stat. 400, 42
8 U.S.C. 7602, and has the same meaning as stationary source when
9 used in comparable or applicable circumstances under the clean
10 air act. A source includes all the processes and process equip-
11 ment under common control that are located within a contiguous
12 area, or a smaller group of processes and process equipment as
13 requested by the owner or operator of the source, if in accord-
14 ance with the clean air act.
15 (u) "Title IV" means title IV of the clean air act, pertain-
16 ing to acid deposition control, chapter 360, 104 Stat. 2584, 42
17 U.S.C. 7651 to 7651o.
18 (v) "Title V" means title V of the clean air act, chapter
19 360, 104 Stat. 2635, 42 U.S.C. 7661 to 7661f.
20 Sec. 5521. (1) The emissions control fund is created within
21 the state treasury. The state treasurer may receive money from
22 any source for deposit into the fund. The state treasurer shall
23 direct the investment of the fund. The state treasurer shall
24 credit to the fund interest and earnings from fund investments.
25 (2) Money in the fund at the close of the fiscal year shall
26 remain in the fund and shall not lapse to the general fund.
04738'97
8
1 (3) Upon the expenditure or appropriation of funds raised
2 through fees in this part for any purpose other than those
3 specifically listed in this part, authorization to collect fees
4 under this part is suspended until such time as the funds
5 expended or appropriated for purposes other than those listed in
6 this part are returned to the emissions control fund.
7 (4) The state treasurer shall establish, within the
fund, a
8 clean air act implementation account and a permit review and
9 urban airshed study account.
10 (5) For the state fiscal years ending September 30,
1993 and
11 September 30, 1994, the department shall expend money from
the
12 fund, upon appropriation, only for the following purposes:
13 (a) Money in the clean air act implementation account
shall
14 be used for 1 or more of the following:
15 (i) Developing and implementing requirements of
Public Law
16 101-549, 104 Stat. 2399, commonly referred to as the clean
air
17 act amendments of 1990.
18 (ii) Emissions and ambient air monitoring.
19 (iii) Audits and inspections of source-operated
monitoring
20 programs.
21 (iv) Preparing generally applicable rules to
implement
22 requirements of Public Law 101-549, 104 Stat. 2399, commonly
23 referred to as the clean air act amendments of 1990.
24 (v) Modeling, analyses, or demonstrations.
25 (vi) Preparing inventories and tracking
emissions.
26 (b) Money in the permit review and urban airshed study
27 account shall be used for both of the following:
04738'97
9
1 (i) Not more than $545,000.00 to provide grants
for local
2 air pollution programs that collect data for the urban
airshed
3 model.
4 (ii) To process permit applications pursuant to
this part
5 until such time that all permit applications received by the
6 department are being processed in a timely manner. When
permit
7 applications under this part are being processed in a timely
8 manner, money in the permit review and urban airshed study
9 account that is not allocated for grants under subparagraph
(i)
10 shall be used for the purposes described in subdivision (a),
11 unless the department recommends and the appropriations
commit-
12 tees of the senate and house of representatives approve
continued
13 use of this money or a portion of this money to process
permit
14 applications.
15 (4) (6) Beginning October 1, 1994 and
thereafter money
16 shall be expended from the fund, upon appropriation, only for the
17 following purposes as they relate to implementing the operating
18 permit program required by title V:
19 (a) Preparing generally applicable rules or guidance regard-
20 ing the operating permit program or its implementation or
21 enforcement.
22 (b) Reviewing and acting on any application for a permit,
23 permit revision, or permit renewal, the development of an appli-
24 cable requirement as part of the processing of a permit, or
25 permit revision or renewal.
04738'97
10
1 (c) General administrative costs of running the operating
2 permit program, including the supporting and tracking of permit
3 applications, compliance certification, and related data entry.
4 (d) Implementing and enforcing the terms of any operating
5 permit, not including any court costs or other costs associated
6 with an enforcement action.
7 (e) Emissions and ambient monitoring.
8 (f) Modeling, analysis, or demonstration.
9 (g) Preparing inventories and tracking emissions.
10 (h) Providing direct and indirect support to facilities
11 under the small business clean air assistance program created in
12 part 57.
13 Sec. 5522. (1) For the state fiscal year beginning
14 October 1, 1994 1997, and continuing until
September 30, 1998
15 2001, the owner or operator of each fee-subject facility shall
16 pay air quality fees as required and calculated under this
17 section. The department may levy and collect an annual air qual-
18 ity fee from the owner or operator of each fee-subject facility
19 in this state. The legislature intends that the fees required
20 under this section meet the minimum requirements of the clean air
21 act and that this expressly stated fee system serve as a limita-
22 tion on the amount of fees imposed under this part on the owners
23 or operators of fee-subject facilities in this state.
24 (2) The annual air quality fee shall be calculated for each
25 fee-subject facility, according to the following procedure:
26 (a) For category I facilities, the annual air quality fee
27 shall be the sum of a facility charge and an emissions charge as
04738'97
11
1 specified in subdivision (e). The facility charge shall be
2 $2,500.00 $3,375.00.
3 (b) For category II facilities, the annual air quality fee
4 shall be the sum of a facility charge and an emissions charge as
5 specified in subdivision (e). The facility charge shall be
6 $1,000.00 $1,350.00.
7 (c) For category III facilities, the annual air quality fee
8 shall be $200.00.
9 (d) For municipal electric generating facilities subject to
10 category I which emit less than 18,000 tons, but more than
600
11 450 tons of fee-subject air pollutants, the annual air quality
12 fee shall be an operating permit facility charge of
$10,000.00
13 $18,675.00 only. THIS ANNUAL AIR QUALITY FEE IS BASED UPON THE
14 CATEGORY I FACILITY CHARGES OF $3,375.00 PLUS AN EMISSIONS CHARGE
15 EQUAL TO THE PRODUCT OF 450 TONS OF FEE-SUBJECT AIR POLLUTANTS
16 AND $34.00 PER TON OF FEE-SUBJECT AIR POLLUTANT.
17 (e) The emissions charge for category I and category II
18 facilities equals the product of the actual tons of fee-subject
19 air pollutants emitted and the emission charge rate. A pollutant
20 that qualifies as a fee-subject air pollutant under more than 1
21 class shall be charged only once. The charge shall be calculated
22 as follows:
23 (i) The emissions tonnage shall be calculated for the
calen-
24 dar year 2 years preceding the year of the billing. The actual
25 tons of fee-subject air pollutants emitted is the sum of all
26 fee-subject air pollutants emitted at the fee-subject facility,
27 except that for the purposes of the emissions charge calculation
04738'97
12
1 the actual tons charged shall not exceed either of the
2 following:
3 (A) 4,000 tons.
4 (B) 1,000 tons per pollutant, if the sum of all fee-subject
5 air pollutants except carbon monoxide emitted at the fee-subject
6 facility is less than 4,000 tons.
7 (ii) The emission charge rate shall be $25.00
$34.00 per
8 ton of fee-subject air pollutants.
9 (3) The auditor general shall conduct a biennial audit of
10 the federally mandated operating permit program required in title
11 V. The audit shall include the auditor general's recommendation
12 regarding the sufficiency of the fees required under
13 subsection (2) to meet the minimum requirements of the clean air
14 act.
15 (4) After January 1, but before January 15 of each year
16 beginning in 1995, the department shall notify the owner or oper-
17 ator of each fee-subject facility of its assessed annual air
18 quality fee. Payment is due within 90 calendar days of the mail-
19 ing date of the air quality fee notification. If an assessed fee
20 is challenged as authorized in subsection (6), payment is due
21 within 90 calendar days of the mailing date of the air quality
22 fee notification or within 30 days of receipt of a revised fee or
23 statement supporting the original fee, whichever is later. The
24 department shall deposit all fees collected under this section to
25 the credit of the emissions control fund created in
26 section 5521 FUND.
04738'97
13
1 (5) If the owner or operator of a fee-subject facility fails
2 to submit the amount due within the time period specified in
3 subsection (4), the department shall assess the owner or operator
4 a penalty of 5% of the amount of the unpaid fee for each month
5 that the payment is overdue up to a maximum penalty of 25% of the
6 total fee owed.
7 (6) If the owner or operator of a fee-subject facility
8 desires to challenge its assessed fee, the owner or operator
9 shall submit the challenge in writing to the department. THE
10 DEPARTMENT SHALL NOT PROCESS THE CHALLENGE UNLESS IT IS RECEIVED
11 BY THE DEPARTMENT within 30 45 calendar days of
the mailing
12 date of the air quality fee notification described in
13 subsection (4). A challenge shall identify the facility and
14 state the grounds upon which the challenge is based. Within 30
15 calendar days of receipt of the challenge, the department shall
16 determine the validity of the challenge and provide the owner
17 with notification of a revised fee or a statement setting forth
18 the reason or reasons why the fee was not revised. Payment of
19 the challenged or revised fee is due within the time frame
20 described in subsection (4). If the owner or operator of a
21 facility desires to further challenge its assessed fee, the owner
22 or operator of the facility has an opportunity for a contested
23 case hearing as provided for under the administrative procedures
24 act of 1969, Act No. 306 of the Public Acts of 1969, being
25 sections 24.201 to 24.328 of the Michigan Compiled Laws
1969 PA
26 306, MCL 24.201 TO 24.328.
04738'97
14
1 (7) If requested by the department, by March 15 of each year
2 beginning in 1995, or within 45 days of a request by the
3 department, whichever is later, the owner or operator of each
4 fee-subject facility shall submit information regarding the
5 facility's previous year's emissions to the department. The
6 information shall be sufficient for the department to calculate
7 the facility's emissions for that year and meet the requirements
8 of subpart Q of 40 C.F.R. part 51.
9 (8) By July 1 of each year beginning in 1995, the department
10 shall provide the owner or operator of each fee-subject facility
11 required to pay an emission charge pursuant to this section with
12 a copy of the department's calculation of the facility emissions
13 for the previous year. Within 60 days of this notification, the
14 owner or operator of the facility may provide corrections to the
15 department. The department shall make a final determination of
16 the emissions by December 15 of that year. If the owner or oper-
17 ator disagrees with the determination of the department, the
18 owner or operator may request a contested case hearing
before
19 the commission of natural resources as provided
for under the
20 administrative procedures act of 1969, Act No. 306 of the
Public
21 Acts of 1969 1969 PA 306, MCL 24.201 TO 24.328.
22 (9) For each state department to which funds are appropri-
23 ated from the emissions control fund, the
director of that
24 state department shall prepare and submit to the governor and the
25 legislature BY MARCH 1 an annual report that details the activi-
26 ties OF THE PREVIOUS FISCAL YEAR funded by the emissions
27 control fund for his or her department. This
report shall
04738'97
15
1 include, at a minimum, all of the following as it relates to each
2 particular department:
3 (a) The number of full-time equated positions performing air
4 quality enforcement, compliance, or permitting activities and the
5 number of hours worked on title V activities in relation to hours
6 worked on other matters.
7 (b) The total number of new source review and
operating
8 permit applications received by the department, including
those
9 received but not processed or issued.
10 (c) A breakdown of the new source review and operating
per-
11 mits issued based on amount of emissions as follows:
12 (i) Less than 1 ton per year.
13 (ii) Between 1 and 10 tons per year.
14 (iii) Between 10 and 50 tons per year.
15 (iv) Greater than 50 tons per year.
16 (d) The total number of new source review and operating
per-
17 mits issued over the course of the year.
18 (e) The total number of new source review and operating
per-
19 mits issued per permit reviewer.
20 (f) The total number of new source review and operating
per-
21 mits carried over from the previous year.
22 (g) The total number of new source review and operating
per-
23 mits at the start of the year that are carried over from
preced-
24 ing years plus the number received by the department in the
cur-
25 rent year minus the number issued.
26 (h) The total number of new source review and operating
27 permits denied.
04738'97
16
1 (i) The ratio of the number of new source review and
2 operating permits rejected to the number issued.
3 (B) ALL OF THE FOLLOWING INFORMATION RELATED TO THE PERMIT
4 TO INSTALL PROGRAM AUTHORIZED UNDER SECTION 5505:
5 (i) THE NUMBER OF PERMIT TO INSTALL APPLICATIONS
RECEIVED BY
6 THE DEPARTMENT.
7 (ii) THE NUMBER OF PERMIT TO INSTALL APPLICATIONS FOR
WHICH
8 A FINAL ACTION WAS TAKEN BY THE DEPARTMENT. THE NUMBER OF FINAL
9 ACTIONS SHOULD BE REPORTED AS THE NUMBER OF APPLICATIONS
10 APPROVED, THE NUMBER OF APPLICATIONS DENIED, AND THE NUMBER OF
11 APPLICATIONS WITHDRAWN BY THE APPLICANT.
12 (iii) THE NUMBER OF PERMITS TO INSTALL APPROVED THAT
WERE
13 REQUIRED TO COMPLETE PUBLIC PARTICIPATION UNDER SECTION 5511(3)
14 BEFORE FINAL ACTION AND THE NUMBER OF PERMITS TO INSTALL APPROVED
15 THAT WERE NOT REQUIRED TO COMPLETE PUBLIC PARTICIPATION UNDER
16 SECTION 5511(3) PRIOR TO FINAL ACTION.
17 (iv) THE AVERAGE NUMBER OF FINAL PERMIT ACTIONS PER
PERMIT
18 TO INSTALL REVIEWER FULL-TIME EQUIVALENTS.
19 (v) THE PERCENTAGE AND NUMBER OF PERMIT TO INSTALL
APPLICA-
20 TIONS WHICH WERE REVIEWED FOR ADMINISTRATIVE COMPLETENESS WITHIN
21 10 DAYS OF RECEIPT BY THE DEPARTMENT.
22 (vi) THE PERCENTAGE AND NUMBER OF PERMIT TO INSTALL
APPLICA-
23 TIONS WHICH WERE REVIEWED FOR TECHNICAL COMPLETENESS WITHIN 30
24 DAYS OF RECEIPT OF AN ADMINISTRATIVELY COMPLETE APPLICATION BY
25 THE DEPARTMENT.
04738'97
17
1 (vii) THE PERCENTAGE AND NUMBER OF PERMIT TO INSTALL
2 APPLICATIONS SUBMITTED TO THE DEPARTMENT THAT WERE
3 ADMINISTRATIVELY COMPLETE AS RECEIVED.
4 (viii) THE PERCENTAGE AND NUMBER OF PERMIT TO INSTALL
APPLI-
5 CATIONS FOR WHICH A FINAL ACTION WAS TAKEN BY THE DEPARTMENT
6 WITHIN 60 DAYS OF RECEIPT OF A TECHNICALLY COMPLETE APPLICATION
7 FOR THOSE NOT REQUIRED TO COMPLETE PUBLIC PARTICIPATION UNDER
8 SECTION 5511(3) PRIOR TO FINAL ACTION, OR WITHIN 120 DAYS OF
9 RECEIPT OF A TECHNICALLY COMPLETE APPLICATION FOR THOSE WHICH ARE
10 REQUIRED TO COMPLETE PUBLIC PARTICIPATION UNDER SECTION 5511(3)
11 PRIOR TO FINAL ACTION.
12 (C) ALL OF THE FOLLOWING INFORMATION FOR THE RENEWABLE OPER-
13 ATING PERMIT PROGRAM AUTHORIZED UNDER SECTION 5506:
14 (i) THE NUMBER OF RENEWABLE OPERATING PERMIT
APPLICATIONS
15 RECEIVED BY THE DEPARTMENT.
16 (ii) THE NUMBER OF RENEWABLE OPERATING PERMIT
APPLICATIONS
17 FOR WHICH A FINAL ACTION WAS TAKEN BY THE DEPARTMENT. THE NUMBER
18 OF FINAL ACTIONS SHOULD BE REPORTED AS THE NUMBER OF APPLICATIONS
19 APPROVED, THE NUMBER OF APPLICATIONS DENIED, AND THE NUMBER OF
20 APPLICATIONS WITHDRAWN BY THE APPLICANT.
21 (iii) THE PERCENTAGE AND NUMBER OF PERMIT APPLICATIONS
INI-
22 TIALLY PROCESSED WITHIN THE REQUIRED TIME.
23 (iv) THE PERCENTAGE AND NUMBER OF PERMIT RENEWALS AND
MODI-
24 FICATIONS PROCESSED WITHIN THE REQUIRED TIME.
25 (v) THE NUMBER OF PERMIT APPLICATIONS REOPENED BY THE
26 DEPARTMENT.
04738'97
18
1 (vi) THE NUMBER OF GENERAL PERMITS ISSUED BY THE
DEPARTMENT.
2 (D) (j) The number of letters of violation
sent.
3 (E) (k) The amount of penalties collected
from all consent
4 orders and judgments.
5 (F) (l) For each enforcement action
that includes payment
6 of a penalty, a description of what corrective actions were
7 required by the enforcement action.
8 (m) The average amount of time to take final action on
a
9 new source review or operating permit from the time the
depart-
10 ment first receives the application to when it issues the
permit
11 for each category listed in subdivision (c).
12 (n) A list of state implementation plan development
13 accomplishments.
14 (G) (o) The number of inspections done on
sources required
15 to obtain a permit under section 5506 and the number of inspec-
16 tions of other sources.
17 (H) (p) The number of AIR POLLUTION
complaints received,
18 INVESTIGATED, NOT RESOLVED, AND RESOLVED by the department.
for
19 sources required to obtain a permit under section 5506, the
20 number of complaints investigated, and the number of
complaints
21 not investigated.
22 (q) The number of compliance reports and certifications
23 reviewed for sources required to obtain a permit under
section
24 5506.
25 (I) (r) The number of contested case
hearings , AND
26 civil actions , and criminal investigations and
prosecutions
27 initiated and completed, and the number of voluntary consent
04738'97
19
1 orders, administrative penalty orders, and emergency orders
2 entered or issued, for sources required to obtain a permit under
3 section 5506.
4 (s) The amount of criminal fines and civil fines
collected
5 from all administrative and judicial orders and judgments.
6 (10) By May 13, 1995 FEBRUARY 1, 2000, the
department
7 shall convene a task force made up of representatives of
8 fee-subject facilities, environmental groups, the general public,
9 and any state department to which funds are appropriated from the
10 emissions control fund. By November 13,
1995, the task force
11 shall consult with the auditor general and submit to the
legisla-
12 ture an interim report on the same information required in
the
13 report due on July 1, 2000. Not later than
July AUGUST 1,
14 2000, the task force shall provide to the legislature a final
15 report on the adequacy of the fee revenues and appropriateness of
16 program activities and shall recommend changes to this section,
17 as appropriate, to match fee revenues to program costs.
18 (11) The attorney general may bring an action for the col-
19 lection of the fees imposed under this section. and any
penalty
20 assessed under section 5519.
21 Enacting section 1. Sections 5519 and 5520 of the natural
22 resources and environmental protection act, 1994 PA 451, MCL
23 324.5519 and 324.5520, are repealed.
04738'97 Final page. TMV