HOUSE BILL No. 5839


     May 24, 2000, Introduced by Reps. Birkholz, Rick Johnson, Tabor, Jellema, Byl and DeVuyst and referred to the Committee
on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 5527 (MCL 324.5527).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 5527.  (1) As used in this section, "emergency" means a

 2
      situation arising from sudden and reasonably unforeseeable events

 3
      beyond the control of the source, including acts of God, war,

 4
      strike, riot, catastrophe, or other condition as to which negli-

 5
      gence on the part of the person was not the proximate cause,

 6
       which  THAT requires immediate corrective action to restore

 7
      normal operation, and that causes the source to exceed a

 8
      technology-based emission limitation contained in an operating

 9
      permit issued pursuant to section 5506, A PERMIT TO INSTALL OR

10
      PERMIT TO OPERATE ISSUED PURSUANT TO SECTION 5505, OR ANY RULE

11
      PROMULGATED UNDER THIS PART due to unavoidable increases in


   05971'00 *                                               TMV
                                                2

 1
      emissions attributable to the  emergency  SITUATION.  An

 2
      emergency does not include acts of noncompliance caused by

 3
      improperly designed equipment, lack of preventative maintenance,

 4
      careless or improper operation, or operator error.

 5
           (2) An emergency constitutes an affirmative defense to an

 6
      action brought for noncompliance with a technology-based emission

 7
      limitation contained in an operating permit issued pursuant to

 8
      section 5506, A PERMIT TO INSTALL OR PERMIT TO OPERATE ISSUED

 9
      PURSUANT TO SECTION 5505, OR ANY RULE PROMULGATED UNDER THIS PART

10
      if the  affirmative defense of  emergency is demonstrated through

11
      properly signed, contemporaneous operating logs, or other rele-

12
      vant evidence that  establish  ESTABLISHES all of the following:

13
           (a) An emergency occurred and that the  permit holder 

14
      DEFENDANT can identify the cause or causes of the emergency.

15
           (b) The  permitted  source was properly operated at the time

16
      of the emergency.

17
           (c) During the emergency the  permit holder  DEFENDANT took

18
      all reasonable steps to minimize levels of emissions that

19
      exceeded the emission standards, or other requirements in the

20
      permit.

21
           (d) The  permit holder  DEFENDANT submitted notice of the

22
      emergency to the department within 2 working days  of the time

23
      when an  AFTER THE emission limitation was exceeded due to the

24
      emergency.  This notice must contain a description of the emer-

25
      gency, any steps taken to mitigate emissions, and corrective

26
      actions taken.





   05971'00 *
                                   3

 1
           (3) In any enforcement proceeding, the  permit holder 

 2
      DEFENDANT seeking to establish the occurrence of an emergency has

 3
      the burden of proof.


















































   05971'00 *          Final page.                          TMV