SENATE BILL No. 1290

May 24, 2000, Introduced by Senators PETERS, EMERSON, DINGELL, DE BEAUSSAERT, MILLER, VAUGHN, A. SMITH, HART and MURPHY and referred to the Committee

on Natural Resources and Environmental Affairs.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 5504 (MCL 324.5504).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 5504. (1) Beginning on June 6, 1991 or on the effec-

2 tive date of the rules promulgated under subsection (5),

3 whichever is later, a facility that incinerates medical waste

4 shall not be operated unless the facility has been issued an

5 operating permit by the department.

6 (2) An application for an operating permit under subsection

7 (1) shall be submitted in the form and contain the information

8 required by the department. The department shall issue an oper-

9 ating permit only if the facility is in compliance with this part

10 and the rules promulgated under this part.

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1 (3) A permit issued under this section shall be valid for

2 5 years. Upon expiration, a permit may be renewed.

3 (4) Within 2 years after the effective date of the rules

4 promulgated under subsection (5), the department shall review all

5 operating permits issued under this part for facilities that

6 incinerate medical waste that were issued permits prior to the

7 promulgation of the rules under subsection (5). If, upon review,

8 the department determines that the facility does not meet the

9 requirements of the rules promulgated under subsection (5) and

10 cannot be retrofitted to comply with these rules, the department

11 shall issue an interim operating permit that is valid for 2 years

12 only. If the facility only needs retrofitting in order to comply

13 with the rules, the facility shall be granted an interim permit

14 that is valid for 1 year only. However, in either case the

15 facility shall comply with this part and all other rules promul-

16 gated under this part for the interim period. An interim operat-

17 ing permit shall provide that if the facility is within 50 miles

18 of another facility that is in compliance with the rules promul-

19 gated under subsection (5), the facility operating under the

20 interim operating permit may receive only medical waste that is

21 generated on the site of that facility, at a facility owned and

22 operated by the person who owns and operates that facility, or at

23 the private practice office of a physician who has privileges to

24 practice at that facility, if the facility is a hospital. The

25 department shall renew an operating permit for a facility only if

26 the facility is in compliance with this part and the rules

27 promulgated under this part.

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1 (5) The department shall promulgate rules to do both of the

2 following:

3 (a) Regulate facilities that incinerate medical waste.

4 These rules shall cover at least all of the following areas:

5 (i) Incinerator design and operation.

6 (ii) Ash handling and quality.

7 (iii) Stack design.

8 (iv) Requirements for receiving medical waste from genera-

9 tors outside the facility.

10 (v) Air pollution control requirements.

11 (vi) Performance monitoring and testing.

12 (vii) Record keeping and reporting requirements.

13 (viii) Inspection and maintenance.

14 (b) Regulate the operation of facilities that incinerate

15 only pathological waste and limited other permitted solid waste.

16 (6) THE RULES PROMULGATED UNDER SUBSECTION (5) SHALL NOT BE

17 LESS PROTECTIVE THAN 40 C.F.R. 60.30e TO 60.39e AND 60.50c TO

18 60.58c WOULD BE IF AMENDED AS DESCRIBED IN HEALTH CARE WITHOUT

19 HARM, MODEL STATE REGULATIONS: MEDICAL WASTE INCINERATORS, <PP><PP>

20 1-8 (1998).

21 (7) BY JULY 1, 2001, THE DEPARTMENT SHALL TAKE PUBLIC COM-

22 MENT ON AND PREPARE A REPORT AS TO WHETHER THERE ARE FEASIBLE AND

23 PRUDENT ALTERNATIVES TO INCINERATION FOR THE DISPOSAL OF MEDICAL

24 WASTE THAT RESULT IN LESS POLLUTION, IMPAIRMENT, AND DESTRUCTION

25 OF THE NATURAL RESOURCES OF THIS STATE. IF THE REPORT FINDS THAT

26 FEASIBLE AND PRUDENT ALTERNATIVES DO EXIST, THE DEPARTMENT SHALL

27 CEASE ISSUING PERMITS FOR THE INCINERATION OF MEDICAL WASTE.

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1 (8) (6) A permit issued under this section may allow a

2 facility to receive pathological or medical wastes that were gen-

3 erated off the site of the facility. However, the owner or oper-

4 ator of the facility shall keep monthly records of the source of

5 the wastes and the approximate volume of the wastes received by

6 the facility.

7 (9) (7) As used in this section, : (a) "Medical waste"

8 means that term as it is "MEDICAL WASTE" AND "PATHOLOGICAL

9 WASTE" MEAN THOSE TERMS AS defined in part 138 of the public

10 health code, Act No. 368 of the Public Acts of 1978, being

11 sections 333.13801 to 333.13831 of the Michigan Compiled Laws

12 1978 PA 368, MCL 333.13801 TO 333.13831.

13 (b) "Pathological waste" means that term as it is defined

14 in part 138 of the public health code.

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