HOUSE BILL No. 5368


     October 31, 2001, Introduced by Reps. McConico, Woodward, Thomas, Lemmons, Hale and Minore and referred to the Committee on Land Use
and Environment.


        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:

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

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

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       whichever is later,  a facility that incinerates medical waste

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      shall not be operated unless the facility has been issued an

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      operating permit by the department.

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           (2) An application for an operating permit under subsection

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

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

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

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      and the rules promulgated under this part.




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

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

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

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

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      operating permits issued under this part for facilities that

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      incinerate medical waste that were issued permits prior to the

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

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      the department determines that the facility does not meet the

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      requirements of the rules promulgated under subsection (5) and

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      cannot be retrofitted to comply with these rules, the department

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

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

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

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

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

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

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

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

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

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      interim operating permit may receive only medical waste that is

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

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

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      the private practice office of a physician who has privileges to

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

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      department shall renew an operating permit for a facility only if

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      the facility is in compliance with this part and the rules

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      promulgated under this part.



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

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      following:

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           (a) Regulate facilities that incinerate medical waste.

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

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           (i) Incinerator design and operation.

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           (ii) Ash handling and quality.

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           (iii) Stack design.

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           (iv) Requirements for receiving medical waste from genera-

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      tors outside the facility.

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           (v) Air pollution control requirements.

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           (vi) Performance monitoring and testing.

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           (vii) Record keeping and reporting requirements.

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           (viii) Inspection and maintenance.

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           (b) Regulate the operation of facilities that incinerate

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      only pathological waste and limited other permitted solid waste.

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

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

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

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      HARM, MODEL STATE REGULATIONS:  MEDICAL WASTE INCINERATORS, PARA-

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      GRAPHS 1-8 (1998).

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           (7) BY JULY 1, 2002, THE DEPARTMENT SHALL TAKE PUBLIC COM-

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

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      PRUDENT ALTERNATIVES TO INCINERATION FOR THE DISPOSAL OF MEDICAL

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      WASTE THAT RESULT IN LESS POLLUTION, IMPAIRMENT, AND DESTRUCTION

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

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      FEASIBLE AND PRUDENT ALTERNATIVES DO EXIST, THE DEPARTMENT SHALL

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      CEASE ISSUING PERMITS FOR THE INCINERATION OF MEDICAL WASTE.



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

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      facility to receive pathological or medical wastes that were gen-

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

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

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      the wastes and the approximate volume of the wastes received by

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      the facility.

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

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

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

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

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      sections 333.13801 to 333.13831 of the Michigan Compiled Laws

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      1978 PA 368, MCL 333.13801 TO 333.13831.

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

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      in part 138 of the public health code.





























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