December 07, 2021, Introduced by Senators CHANG, IRWIN, BRINKS, WOJNO and BAYER and referred to the Committee on Environmental Quality.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 5543.

the people of the state of michigan enact:

Sec. 5543. (1) As used in this section:

(a) "AQI" means the air quality index required to be reported under 40 CFR 58.50.

(b) "PM 2.5" means particles with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers.

(c) "Thermal inversion" means a weather condition in which a layer of warm air overlies a layer of cooler air near the ground and limits vertical mixing, thereby trapping pollutants near the ground.

(2) The department shall make forecasts of the AQI and publicize the forecasts on its website and through other means. The forecasts shall be made at least 24 hours in advance using the most accurate and reasonable procedures considering meteorology, topography, availability of data, and forecasting expertise.

(3) The department shall do both of the following:

(a) Declare 1 or more action days for a geographic area of this state when the department's AQI reporting and forecasting program forecasts an AQI or a PM 2.5 subindex in the moderate category, or worse, in that geographic area.

(b) Designate an action day as a "winter thermal inversion action day" if the action day is the result of a thermal inversion anytime during the period of November through March.

(4) Within 180 days after the effective date of this section, the department shall review its AQI reporting and forecasting program and, if indicated by the review, do 1 or more of the following:

(a) Revise the ozone or PM 2.5 standards to account for thermal inversions when declaring action days.

(b) Revise voluntary pollution prevention measures requested on action days or when action days are forecast.

(c) Further restrict industry emissions of PM 2.5 or industry emissions contributing to ozone when the department forecasts a thermal inversion.

(5) The director of the department shall convene a workgroup to study thermal inversions and recommend any actions that should be taken by this state to improve air quality and protect public health during thermal inversions. The workgroup shall include 1 or more public health experts, air quality experts, representatives of environmental protection organizations, and residents of geographic areas of this state with higher than average levels of air pollution. Within 1 year after the effective date of this section, the workgroup shall submit a report on its findings and recommendations to the director of the department and to the standing committees of the senate and house of representatives with primary responsibility for environmental and public health issues. The workgroup is dissolved 90 days after the report is due.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.