H765 - Regulatory Reform Act of 2015, Sec. 4.17: Contested Cases for Air Permits (SL 2015-286)

Overview: Sec. 4.17 of S.L. 2015-286 amends the process for filing a contested case regarding an air quality permit decision of the Environmental Management Commission (EMC) by:

• Providing that the filing for a contested case by a permit applicant or permittee would stay the EMC's decision while the filing for a contested case by a person who is not the permit applicant or permittee would not automatically stay the EMC's decision.
• Limiting these contested case provisions to permit application decisions rather than other types of permit decisions, such as permit modification, suspension, or revocation.

This section also directs the Department of Environment and Natural Resources to study whether these changes to contested cases for air quality permits should be expanded into other programs administered by the Department. The Department will report the results of the study to the Environmental Review Commission by March 1, 2016.

This section became effective October 22, 2015.