August 17, 2005, Introduced by Reps. Kolb, Alma Smith, Tobocman and Byrum 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 section 5522 (MCL 324.5522), as amended by 2001 PA 49.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5522. (1) For the state fiscal year beginning October 1,
2001
2005, and continuing until September 30, 2005
2009, 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) determined
under subdivisions (e) and
(f). The facility charge shall be $4,485.00
$5,605.00.
(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) determined
under subdivisions (e) and
(f). The facility charge shall be $1,795.00
$2,245.00.
(c) For category III facilities, the annual air quality fee
shall
be $250.00 $310.00.
(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 the
emission charge rate specified in
subdivision (f) 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
specified in subdivision (f), 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.
(f) The emission charge rate is:
(i) $41.00 for the state fiscal year beginning October 1, 2005.
(ii) $51.75 for the state fiscal year beginning October 1,
2006.
(iii) $63.55 for the state fiscal years beginning October 1,
2007 and October 1, 2008.
(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.
Notwithstanding the requirements of this subsection, the department
may adjust the billing date and due date for category III dry
cleaning facilities that are also subject to the licensing or
certification requirements of section 13305 of the public health
code, 1978 PA 368, MCL 333.13305, and section 5i of the fire
prevention code, 1941 PA 207, MCL 29.5i, in order to combine fee
assessments.
(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. part 51
40 CFR 51.320 to 51.327.
(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 chairpersons
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
chairpersons 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 program authorized under section 5505:
(i) The number of permit to install applications received by
the department.
(ii) The number of 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 final action.
(iv) The average number of final permit actions per permit to
install reviewer full-time equivalent position.
(v) The percentage and number of 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
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
applications submitted to the department that were administratively
complete as received.
(viii) The percentage and number of 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 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 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.