Legislative Analysis
Phone: (517) 373-8080
REPEAL EMERGENCY AS AIR EMISSION
http://www.house.mi.gov/hfa
AFFIRMATIVE DEFENSE
Analysis available at
House Bill 6122 as introduced http://www.legislature.mi.gov
Sponsor: Rep. Donovan McKinney
Committee: Natural Resources, Environment, Tourism
and Outdoor Recreation
Complete to 12-12-24
SUMMARY:
House Bill 6122 would repeal section 5527 of the Natural Resources and Environmental
Protection Act (NREPA), which provides conditions under which an emergency constitutes an
affirmative defense to an action brought against a permit holder for noncompliance with the
terms of their permit.
Emergency means a situation arising from sudden and reasonably unforeseeable events
beyond the control of the source (i.e., of an air pollutant), including acts of God, war,
strike, riot, catastrophe, or other condition as to which the person’s negligence was not
the proximate cause, that requires immediate corrective action to restore normal
operation, and that causes the source to exceed a technology-based emission limitation
contained in an operating permit issued under section 5506 of NREPA, a permit to
install or to operate issued under section 5505 of NREPA, or a rule issued under Part
55 (Air Pollution Control) due to unavoidable increases in emissions attributable to the
situation.
An emergency does not include acts of noncompliance caused by improperly designed
equipment, lack of preventative maintenance, careless or improper operation, or
operator error.
Section 5527 now provides that an emergency is an affirmative defense to an action brought
for noncompliance with a technology-based emission limitation contained in an operating
permit issued under section 5506, a permit to install or to operate issued under section 5505,
or a rule issued under Part 55 as long as the emergency is demonstrated through properly
signed, contemporaneous operating logs, or other relevant evidence that establishes all of the
following:
• An emergency occurred that the defendant can identify the cause or causes of.
• The source was properly operated at the time of the emergency.
• During the emergency, the defendant took all reasonable steps to minimize levels of
emissions that exceeded the emission standards or other requirements in the permit.
• The defendant submitted notice of the emergency to the Department of Environment,
Great Lakes, and Energy within two working days after the emission limitation was
exceeded due to the emergency. The notice must contain a description of the
emergency, any steps taken to mitigate emissions, and corrective actions taken.
The bill would repeal the above provision.
MCL 324.5506 and MCL 324.5527 (repealed)
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
House Bill 6122 is unlikely to directly affect costs or revenues for EGLE or local units of
government.
Legislative Analyst: Josh Roesner
Fiscal Analysts: Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 6122 as introduced Page 2 of 2


Statutes affected:
House Introduced Bill: 324.5506, 324.5523, 324.5527