HOUSE BILL No. 4988 June 26, 1997, Introduced by Rep. Freeman and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14501, 14502, 14503, 14504, 14507, and 14508 (MCL 324.14501, 324.14502, 324.14503, 324.14504, 324.14507, and 324.14508) and by adding sections 14506a, 14511, and 14512; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 14501. As used in this part: 2 (a) "Committee" means thewaste reductionPOLLUTION 3 PREVENTION advisory committee created in section 14507. 4 (b) "Department" means the department ofcommerce5 ENVIRONMENTAL QUALITY. 6 (c) "Director" means the director ofcommerceTHE 7 DEPARTMENT. 03093'97 JCB 2 1 (D) "ENVIRONMENTAL WASTES" MEANS ALL ENVIRONMENTAL 2 POLLUTANTS, WASTES, DISCHARGES, AND EMISSIONS, REGARDLESS OF 3 WHETHER OR HOW THEY ARE REGULATED AND REGARDLESS OF WHETHER THEY 4 ARE RELEASED TO THE GENERAL ENVIRONMENT OR THE WORKPLACE 5 ENVIRONMENT. 6 (E) "POLLUTION PREVENTION" MEANS BOTH OF THE FOLLOWING: 7 (i) "SOURCE REDUCTION" AS DEFINED IN THE POLLUTION PREVEN- 8 TION ACT OF 1990, SUBTITLE G OF TITLE VI OF THE OMNIBUS BUDGET 9 RECONCILIATION ACT OF 1990, PUBLIC LAW 101-508, 42 U.S.C. 13101 10 TO 13109. 11 (ii) "POLLUTION PREVENTION" AS DESCRIBED IN THE ENVIRONMEN- 12 TAL PROTECTION AGENCY'S POLLUTION PREVENTION POLICY STATEMENT 13 DATED JUNE 15, 1993. 14 (F)(d)"Service" means thewaste reductionPOLLUTION 15 PREVENTION assistance service created in section 14502. 16(e) "Waste" means hazardous waste as defined in17section 11103; solid waste as defined in section 11506; liquid18industrial waste as defined in section 12101; discharges regu-19lated by part 31; and air contaminants regulated by part 55.20(f) "Waste reduction" means any practice, such as an equip-21ment or technology modification, a process or procedure modifica-22tion, a reformulation or redesign of a product, a substitution of23raw materials, or improved management, training, or inventory24control, which practice is undertaken by a person to reduce the25volume or quantity or toxicity of waste that may be released into26the environment or that is treated at a location other than the27location where it is produced.03093'97 3 1 (G) "TITLE III" MEANS THE EMERGENCY PLANNING AND COMMUNITY 2 RIGHT-TO-KNOW ACT OF 1986, TITLE III OF PUBLIC LAW 99-499, 42 3 U.S.C. 11001 TO 11005, 11021 TO 11023, AND 11041 TO 11050. 4 (H) "TOXIC SUBSTANCES" OR "TOXICS" MEANS SUBSTANCES FOR 5 WHICH REPORTING IS REQUIRED UNDER TITLE III; SUBSTANCES REGULATED 6 UNDER SECTIONS 101(14) AND 102 OF TITLE I OF THE COMPREHENSIVE 7 ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 8 PUBLIC LAW 96-510, 42 U.S.C. 9601 AND 9602; HAZARDOUS AIR POLLUT- 9 ANT AS DEFINED IN SECTION 112(a) OF PART A OF TITLE I OF THE 10 CLEAN AIR ACT, CHAPTER 360, 84 STAT. 1685, 42 U.S.C. 7412; AND 11 SUBSTANCES INCLUDED ON THE MICHIGAN CRITICAL MATERIALS REGISTER 12 COMPILED BY THE DEPARTMENT UNDER SECTION 3111. 13 Sec. 14502. (1) Thewaste reductionPOLLUTION PREVENTION 14 assistance service is created within the department.of15commerce.The service shall inform, assist, educate, and provide 16 funding, as provided in this part, to persons to facilitatea17reduction in the amount of waste generated in the state. The18service shall place a particular emphasis on in-plant waste19reductionPOLLUTION PREVENTION. 20 (2) The department shall employ personnel and provide staff 21 and services as are necessary to administer the service and to 22 implement this part. 23 Sec. 14503. (1) The service shall establish awaste24reductionPOLLUTION PREVENTION information clearinghouse which 25 shall do all of the following: 26 (a) Upon request, provide specificwaste reduction27 POLLUTION PREVENTION information to any person. 03093'97 4 1 (b) Publish information describingwaste reduction2 POLLUTION PREVENTION technologies. 3 (c) Distribute available publications pertaining towaste4reductionPOLLUTION PREVENTION. 5 (d) Sponsorwaste reductionPOLLUTION PREVENTION workshops 6 targeted at specific industries. 7 (e) Participate in conferences and meetings of business 8 organizations. 9 (f) Provide information and application forms as necessary 10 to fulfill the department's responsibilities under 11sections 14505 and 14506SECTION 14506A. 12 (2) The service may contract to have any of the activities 13 provided in subsection (1) performed by persons other than 14 department personnel. 15 Sec. 14504. The service shall provide technical assistance 16 regardingwaste reductionPOLLUTION PREVENTION to business and 17 industry throughout the state and shall do all of the following: 18 (a) Provide instruction on self-conducted waste audits per- 19 taining towaste reductionPOLLUTION PREVENTION. 20 (b) Provide consultant referrals pertaining towaste21reductionPOLLUTION PREVENTION. 22 (c) Provide on-site assistance to business and industry per- 23 taining towaste reductionPOLLUTION PREVENTION. 24 (D) PROVIDE GENERAL TECHNICAL AND INFORMATIONAL ASSISTANCE 25 PERTAINING TO POLLUTION PREVENTION. 26 (E) PROVIDE ENVIRONMENTAL MANAGEMENT SYSTEMS TRAINING AND 27 SUPPORT, INCLUDING INFORMATION REGARDING THE INTERNATIONAL 03093'97 5 1 STANDARDS ORGANIZATION STANDARD 150 14000:1996, ENVIRONMENTAL 2 MANAGEMENT SYSTEMS SERIES STANDARD. 3 (F) PROVIDE CONFIDENTIAL ENVIRONMENTAL ASSESSMENTS THROUGH 4 THE RETIRED ENGINEER TECHNICAL ASSISTANCE PROGRAM. 5 (G)(d)Provide other information and assistance that is 6 considered appropriate by the service. 7 SEC. 14506A. (1) THE DEPARTMENT SHALL ESTABLISH A SMALL 8 BUSINESS POLLUTION PREVENTION INVENTORY GRANTS PROGRAM AND SHALL 9 AWARD POLLUTION PREVENTION INVENTORY GRANTS TO SMALL BUSINESSES 10 THAT GENERATE ENVIRONMENTAL WASTE AND ARE LOCATED IN THIS STATE. 11 POLLUTION PREVENTION INVENTORY GRANTS SHALL BE MADE FOR THE FOL- 12 LOWING PURPOSES: 13 (A) DETERMINING THE FULL COSTS OF USING AND PRODUCING TOXIC 14 SUBSTANCES. 15 (B) IDENTIFYING PROCESSES THAT USE OR PRODUCE TOXIC SUB- 16 STANCES, AND THE COMPOSITION OF THE TOXIC SUBSTANCES. 17 (C) IDENTIFYING POLLUTION PREVENTION OPTIONS. 18 (2) THE DEPARTMENT, UPON RECOMMENDATION OF THE CLEAN MANU- 19 FACTURING AND POLLUTION PREVENTION INSTITUTE CREATED IN PART 142, 20 SHALL ISSUE POLLUTION PREVENTION INVENTORY GRANTS USING THE FOL- 21 LOWING CRITERIA: 22 (A) THE LIKELIHOOD THAT AN APPLICANT WILL BE TECHNICALLY AND 23 FINANCIALLY ABLE TO, AND WILL BE WILLING TO, IMPLEMENT POLLUTION 24 PREVENTION. 25 (B) THE VOLUME AND TOXICITY OF TOXIC SUBSTANCES USED OR 26 PRODUCED BY AN APPLICANT. 03093'97 6 1 (C) THE POTENTIAL FOR OTHERS TO USE THE INFORMATION GAINED 2 FROM AN APPLICANT'S POLLUTION PREVENTION INVENTORY. 3 (D) PROVIDING GRANTS TO A RANGE OF TYPES OF APPLICANTS. 4 (3) THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING: 5 (A) ESTABLISH REQUIREMENTS FOR INVENTORY SUMMARIES AND 6 IMPLEMENTATION SUMMARIES UNDER SUBSECTION (5). THE REQUIREMENTS 7 FOR AN IMPLEMENTATION SUMMARY SHALL INCLUDE A DESCRIPTION OF ANY 8 RECOMMENDATIONS INCLUDED IN THE INVENTORY THAT WERE IMPLEMENTED 9 AND THE REASONS FOR NOT IMPLEMENTING ANY POLLUTION PREVENTION 10 OPTIONS OR OTHER RECOMMENDATIONS INCLUDED IN THE INVENTORY. 11 (B) REVIEW THE INVENTORY SUMMARIES AND IMPLEMENTATION SUMMA- 12 RIES SUBMITTED BY RECIPIENTS OF GRANTS UNDER THIS SECTION AND 13 ANNUALLY REPORT THE RESULTS OF THE REVIEW TO THE CLERK OF THE 14 HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE FOR DIS- 15 TRIBUTION BY OCTOBER 1. 16 (4) A SMALL BUSINESS THAT GENERATES ENVIRONMENTAL WASTES AND 17 THAT SEEKS A GRANT UNDER THIS SECTION SHALL APPLY TO THE 18 DEPARTMENT. 19 (5) A GRANT PROVIDED UNDER THIS SECTION SHALL NOT EXCEED 75% 20 OF THE COST OF A POLLUTION PREVENTION INVENTORY OR $5,000.00, 21 WHICHEVER IS LESS. WITHIN 30 DAYS AFTER SELECTING A PERSON TO 22 CONDUCT THE INVENTORY, THE RECIPIENT OF A GRANT SHALL REPORT THE 23 NAME OF THE PERSON WHO WILL CONDUCT THE INVENTORY AND THE APPROX- 24 IMATE DATE ON WHICH THE INVENTORY WILL BE COMPLETED TO THE 25 DEPARTMENT. WITHIN 60 DAYS AFTER AN INVENTORY IS COMPLETED OR 1 26 YEAR AND 60 DAYS AFTER THE AWARDING OF THE GRANT, WHICHEVER IS 27 EARLIER, THE RECIPIENT SHALL PROVIDE THE DEPARTMENT WITH AN 03093'97 7 1 INVENTORY SUMMARY THAT MEETS THE REQUIREMENTS ESTABLISHED UNDER 2 SUBSECTION (3)(A). IF THE RECIPIENT FAILS TO PROVIDE THE INVEN- 3 TORY SUMMARY WITHIN THAT TIME, THE RECIPIENT SHALL REPAY THE 4 GRANT PLUS INTEREST, AS DETERMINED BY THE DEPARTMENT. ALL FUNDS 5 RECEIVED UNDER THIS SUBSECTION SHALL BE DEPOSITED IN THE GENERAL 6 FUND. WITHIN 1 YEAR AFTER PROVIDING THE INVENTORY SUMMARY, THE 7 RECIPIENT OF A GRANT SHALL PROVIDE TO THE DEPARTMENT AN IMPLEMEN- 8 TATION SUMMARY THAT MEETS THE REQUIREMENTS ESTABLISHED UNDER SUB- 9 SECTION (3)(A). 10 (6) AS USED IN THIS SECTION, "SMALL BUSINESS" MEANS A BUSI- 11 NESS THAT IS INDEPENDENTLY OWNED AND OPERATED, IS NOT DOMINANT IN 12 ITS FIELD AS DEFINED IN 13 C.F.R. 121, AND MEETS BOTH OF THE FOL- 13 LOWING REQUIREMENTS: 14 (A) IS OWNED OR OPERATED BY A PERSON THAT EMPLOYS 100 OR 15 FEWER INDIVIDUALS. 16 (B) IS A SMALL BUSINESS CONCERN AS DEFINED IN THE SMALL 17 BUSINESS ACT, PUBLIC LAW 85-536, 72 STAT. 384. 18 Sec. 14507. (1) Thewaste reductionPOLLUTION PREVENTION 19 advisory committee is created within the department. The commit- 20 tee shall consist of the following members who shall be appointed 21 by the governor with the advice and consent of the senate: 22 (a) One individual from a major industry. 23 (b) One individual from a small business. 24 (c) One individual from an environmental organization. 25 (d) One individual who has knowledge and experience in waste 26 reduction methods and technology. 03093'97 8 1 (e) One individual from the general public. 2 (2) The governor shall select 1 of the individuals appointed 3 under subsection (1) to serve as the chairperson of the 4 committee. The committee shall meet when necessary at the call 5 of the chairperson. 6 (3) Members of the committee shall be appointed for terms of 7 2 years each. However, of the members first appointed, 3 shall 8 be appointed to serve for terms of 3 years. 9 (4) A vacancy on the committee shall be filled in the same 10 manner as the original appointment. A member of the committee 11 whose term has expired shall not continue to serve as a member of 12 the committee unless he or she has been reappointed by the gover- 13 nor with the advice and consent of the senate. 14 (5) A meeting of the committee shall be held in compliance 15 with the open meetings act,Act No. 267 of the Public Acts of161976, being sections 15.261 to 15.275 of the Michigan Compiled17Laws1976 PA 267, MCL 15.261 TO 15.275, and notice of the time, 18 date, and place of the meeting shall be given in the manner 19 required by that act. 20 Sec. 14508. The committee shall doallBOTH of the 21 following: 22 (a) Advise the service on the administration of thewaste23reductionPOLLUTION PREVENTION information clearinghouse and the 24 technical assistance program established pursuant to this part. 25 (b) Provide information to the service regardingwaste26reductionPOLLUTION PREVENTION technology. 03093'97 9 1(c) Review applications and make recommendations to the2director regarding grants available pursuant to sections 145053and 14506.4 SEC. 14511. THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING: 5 (A) IDENTIFY ALL DEPARTMENT REQUIREMENTS FOR REPORTING ON 6 TOXICS USE, RELEASE, AND DISPOSAL, AND TO THE MAXIMUM EXTENT POS- 7 SIBLE STANDARDIZE, CONSOLIDATE, AND COORDINATE THESE REPORTING 8 REQUIREMENTS TO MINIMIZE UNNECESSARY DUPLICATION. 9 (B) TO THE EXTENT POSSIBLE, COORDINATE INFORMATION ABOUT THE 10 MANUFACTURE, DISTRIBUTION, PROCESS, SALE, STORAGE, DISPOSAL, 11 RELEASE, OR OTHER USE OF TOXICS ON A COMPUTER SYSTEM TO PROVIDE 12 RELIABLE AND ACCESSIBLE INFORMATION ACROSS THE STATE TO AID IN 13 STANDARDIZING THE INSPECTION, ENFORCEMENT, AND OTHER ACTIVITIES 14 OF THE STATE. THE DEPARTMENT SHALL ALSO COOPERATE WITH AND MAKE 15 THIS INFORMATION READILY AVAILABLE THROUGH COMPUTER CONNECTIONS 16 AND OTHER MEANS TO THE PUBLIC, THE CLEAN MANUFACTURING AND POLLU- 17 TION PREVENTION INSTITUTE ESTABLISHED UNDER PART 142, THE ENVI- 18 RONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF THE ATTORNEY 19 GENERAL, AND OTHER STATE AGENCIES AND FACILITY OPERATORS. 20 (C) DETERMINE WHICH POLLUTION PREVENTION EFFORTS ARE SUFFI- 21 CIENT TO MEET THE REQUIREMENTS OF PART 37 OR PART 59 FOR PURPOSES 22 OF RECEIVING A TAX EXEMPTION CERTIFICATE. 23 (D) CONDUCT RESEARCH ON POLLUTION PREVENTION TRENDS WITHIN 24 EACH OF THE STANDARD INDUSTRIAL CLASSIFICATION INDUSTRY GROUPS. 25 WITHIN 5 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 26 DEPARTMENT SHALL PREPARE AND MAKE AVAILABLE TO THE PUBLIC A 27 POLLUTION PREVENTION PROFILE REPORT FOR EACH OF THE STANDARD 03093'97 10 1 INDUSTRIAL CLASSIFICATION INDUSTRY GROUPS AND, IF WARRANTED BY 2 THE RESEARCH, MAKE RECOMMENDATIONS FOR ACTIONS TO INCREASE POLLU- 3 TION PREVENTION AND TOXICS USE REDUCTION ACTIVITIES AT THOSE 4 FACILITIES. 5 (E) SUBMIT A REPORT TO THE STANDING COMMITTEES OF THE LEGIS- 6 LATURE THAT PRIMARILY CONSIDER ISSUES PERTAINING TO THE PROTEC- 7 TION OF NATURAL RESOURCES AND THE ENVIRONMENT ON THE DEPARTMENT'S 8 FINDINGS REGARDING PROGRESS IN AND EXPECTED PROGRESS IN POLLUTION 9 PREVENTION AND EMISSIONS REDUCTION IN THE STATE. 10 SEC. 14512. THE DEPARTMENT SHALL WORK WITH THE DEPARTMENT 11 OF COMMUNITY HEALTH AND THE DEPARTMENT OF CONSUMER AND INDUSTRY 12 SERVICES TO COORDINATE THE IMPLEMENTATION OF THIS PART. 13 Enacting section 1. Sections 14505, 14506, and 14509 of the 14 natural resources and environmental protection act, 1994 PA 451, 15 MCL 324.14505, 324.14506, and 324.14509, are repealed. 03093'97 Final page. JCB