November 3, 2004, Introduced by Senators BIRKHOLZ, BRATER, ALLEN, BASHAM, McMANUS and JACOBS 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 sections 14701, 14702, 14703, and 14705 (MCL
324.14701, 324.14702, 324.14703, and 324.14705) and by amending
the part heading for part 147 and by adding sections 14721,
14722, 14723, and 14724.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 PART 147 PCB
COMPOUNDS CHEMICAL SUBSTANCES
2 SUBPART 1 PCB COMPOUNDS
3 Sec. 14701. As used
in this part subpart:
4 (a) "Department" means the department of environmental
5 quality.
6 (b) (a) "PCB"
means the class of chlorinated biphenyl,
7 terphenyl, higher polyphenyl, or mixtures of these compounds
8 produced by replacing 2 or more hydrogen atoms on the biphenyl,
1 terphenyl, or higher polyphenyl molecule with chlorine atoms.
2 PCB does not include chlorinated biphenyls, terphenyls, higher
3 polyphenyls, or mixtures of these compounds that have functional
4 groups attached other than chlorine unless that functional group
5 on the chlorinated biphenyls, terphenyls, higher polyphenyls, or
6 mixtures of these compounds is determined to be dangerous to the
7 public health, safety, and welfare under section 14703.
8 (c) (b) "Ppm"
means parts per million.
9 Sec. 14702. The department is responsible for the
10 administration and
implementation of this part subpart to
11 protect the public health, safety, and welfare from the toxic
12 effects and environmental dangers of PCB. The department shall
13 promulgate rules to implement
and administer this part
14 subpart.
15 Sec. 14703. After receiving a recommendation by affirmative
16 majority vote of a special committee consisting of a
17 representative of the
department, the director of commerce
18 labor and economic growth,
and the director of public the
19 department of community health, the department shall by rule
20 determine, within the
concentrations prescribed by this part
21 subpart, whether the chlorinated biphenyls, terphenyls, higher
22 polyphenyls, or mixtures of these compounds named in the
23 recommendation and having certain functional groups in addition
24 to chlorine attached to the molecule constitute a sufficient
25 danger to the public health, safety, and welfare as to be
26 regulated as a PCB by
this part subpart.
27 Sec. 14705. (1) A
person who violates this part subpart
1 or a rule promulgated
under this part subpart is guilty of a
2 misdemeanor , punishable
by a fine of not less than $2,500.00
3 or more than $25,000.00.
(2) Each day that a violation of this
4 part subpart or a rule promulgated under this part
subpart
5 continues shall be considered a separate violation.
6 SUBPART 2 PBDE COMPOUNDS
7 Sec. 14721. As used in this subpart:
8 (a) "Department" means the department of environmental
9 quality.
10 (b) "Octa-BDE" means octabromodiphenyl ether.
11 (c) "PBDE" means polybrominated diphenyl ether.
12 (d) "Penta-BDE" means pentabromodiphenyl ether.
13 Sec. 14722. (1) Beginning June 1, 2006, a person shall not
14 manufacture, process, or distribute a product or material that
15 contains more than 1/10 of 1% of penta-BDE or octa-BDE.
16 (2) This section does not apply to the processing of
17 recyclables containing penta-BDE or octa-BDE in compliance with
18 applicable federal, state, and local laws.
19 Sec. 14723. The department may establish a PBDE advisory
20 committee to assist the department in determining the risk posed
21 by the release of PBDEs, other than penta-BDE or octa-BDE, to
22 human health and the environment. The department shall use
23 existing programs to monitor the presence of PBDEs in the state's
24 environment to determine exposure and risk. If new scientific
25 information gathered by the advisory committee indicates a
26 significant risk to human health and the environment in the
27 state, the department shall advise the legislature of the risk.
1 Sec. 14724. A person who violates this subpart is guilty of
2 a misdemeanor punishable by a fine of not less than $2,500.00 or
3 more than $25,000.00. Each day that a violation of this subpart
4 continues shall be considered a separate violation.