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SB 226

Environmental protection: air pollution; asbestos emissions program for demolition or renovation activity; require annual report on sufficiency of number of inspectors. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 5519b.

2023-2024 Regular Session Introduced by Stephanie Chang and 1 co-sponsor

EGLE must publish an annual public report on its asbestos program, detailing inspector counts, inspections, enforcement actions, and a capacity sufficiency evaluation (min 15%).

ASSIGNED PA 0058'24
#construction:asbestos #construction:inspectors #environmentalprotection:airpollution
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Bill Summary · SB 226

SB 226 — Asbestos emissions program: annual inspectors report (adds MCL 324.5519b)

Status: Adds section 5519b to Part 55 (Air Pollution Control) of Michigan’s Natural Resources and Environmental Protection Act (1994 PA 451). Reported/passed in 2024; statutory effective date provisions conditionally set (see “Timing / conditions” below).

Purpose and intent

Require the Michigan Department of Environment, Great Lakes, and Energy (EGLE) to prepare an annual, public report on its asbestos program that documents inspection activity and evaluates whether EGLE employs a sufficient number of inspectors to meet federal asbestos inspection requirements (the Asbestos NESHAP, 40 CFR Part 61, Subpart M). The change is intended to increase transparency and inform the Legislature and public about EGLE inspection capacity and compliance oversight for demolitions and renovations involving asbestos.

Key provisions

  • Annual report requirement:

    • EGLE must submit a report to the Legislature by March 1 each year (for the prior calendar year).
    • The report must be posted on EGLE’s website and published in the Michigan Register.
    • EGLE may combine this report with the existing air quality fees report (section 5522).

  • Required contents (for the previous calendar year):

    • Number of EGLE inspectors employed for the asbestos program.
    • Number of inspections conducted.
    • Percentage of “original notices of intention” (notifications of planned renovations or demolitions under the NESHAP) for which inspections were conducted.
    • Number of enforcement actions taken.

  • Capacity evaluation:

    • An evaluation and recommendation assessing whether EGLE has a sufficient number of inspectors to carry out the Asbestos NESHAP.
    • The evaluation must be based on metrics EGLE establishes for the percentage of original notices of intention for renovations or demolitions that were inspected in the same calendar year.
    • EGLE’s minimum percentage threshold for determining sufficiency must be at least 15%.

Who is affected

  • Primary: EGLE (reporting, data collection, internal evaluation).
  • Secondary: Michigan Legislature (receives information to guide oversight and possible budget/policy action), regulated parties (owners/operators conducting renovations/demolitions), environmental and public‑health stakeholders who may use the published information.
  • The bill itself does not change inspection procedures or enforcement standards under NESHAP; it increases reporting and assessment transparency.

Timing, conditions, and procedural notes

  • Report due: March 1 annually (for the previous calendar year).
  • Publication: EGLE website and Michigan Register.
  • The statute includes a condition tying its effective operation to related legislation (in legislative materials this bill is discussed alongside House Bill 4188, which concerns EGLE’s asbestos inspection program). Legislative analyses note the report may be synchronized with other rulemaking or program changes.
  • Legislative analyses prepared during consideration estimated minimal administrative costs and no material fiscal impact on EGLE; staff time and routine administrative costs are expected to be absorbed within current appropriations.

Potential impact and significance

  • Increases transparency on EGLE asbestos inspections and enforcement activity.
  • Provides a consistent, annual metric-based assessment of inspector sufficiency that can inform appropriations, staffing decisions, and potential policy changes to ensure compliance with federal asbestos standards.
  • May prompt legislative and budgetary review if reports show inspection capacity shortfalls or low inspection coverage of notified projects.

Compiled from official sources — confirm details with the bill’s official record.

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