SB-1308, As Passed Senate, May 15, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1308

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 12102a (MCL 324.12102a), as added by 2008 PA 8.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 12102a. The following materials are not liquid industrial

wastes when managed as specified:

     (a) A material that is used or reused as an effective

substitute for commercial products or returned to the original

process, if the material does not require reclamation prior to use

or reuse, is not directly burned to recover energy or used to

produce a fuel, and is not applied to the land or used in products

applied to the land.

     (b) A used oil that is directly burned to recover energy or

used to produce a fuel if all of the following requirements are

met:

     (i) The material meets the used oil specifications of R

299.9809(1)(f) of the Michigan administrative code.

     (ii) The material contains no greater than 2 ppm

polychlorinated biphenyls.

     (iii) The material has a minimum energy content of 17,000

BTU/lb.

     (iv) The material is expressly authorized as a used oil fuel

source, regulated under part 55, or, in another state, regulated

under a similar air pollution control authority.

     (c) A liquid fully contained inside a manufactured article,

until the liquid is removed or the manufactured equipment is

discarded, at which point it becomes subject to this part.

     (d) A liquid waste sample transported for testing to determine

its characteristics or composition. The sample becomes subject to

this part when discarded.

     (e) A liquid that is not regulated under part 615 that is

generated in the drilling, operation, maintenance, or closure of a

well, or other drilling operation, including the installation of

cathodic protection or directional drilling, if either of the

following applies:

     (i) The liquid is left in place at the point of generation in

compliance with part 31, 201, or 213.

     (ii) The liquid is transported off-site from a location that is

not a known facility as defined in section 20101, and all of the

following occur:

     (A) The disposal complies with applicable provisions of part

31 or 115.

     (B) The disposal is not to a surface water.

     (C) The landowner of the disposal site has authorized the

disposal.

     (f) A liquid vegetable or animal fat oil that is transported

directly to a producer of biofuels for the purpose of converting

the oil to biofuel.

     (g) An off-specification fuel, including a gasoline

blendstock, that was generated in a pipeline as the interface

material from the mixture of 2 adjacent fuel products and that will

be processed, by blending or by distillation or other refining, to

produce a fuel product or fuel products.

     (h) An off-specification fuel, including a gasoline

blendstock, that resulted from the commingling of off-specification

fuel products or from phase separation in a gasoline and alcohol

blend and that will be processed, by distillation or other

refining, to produce fuel products.

     (i) An off-specification fuel product transported directly to

a distillation or refining facility to produce a fuel product or

fuel products regulated pursuant to 40 CFR part 80.

(j) (g) A liquid or a sludge and associated liquid authorized

to be applied to land under part 31 or 115.

(k) (h) A liquid residue remaining in a container after

pouring, pumping, aspirating, or another practice commonly employed

to remove liquids has been utilized, if not more than 1 inch of

residue remains on the bottom, or, for containers less than or

equal to 110 gallons in size, not more than 3% by weight of residue

remains in the container, or, for containers greater than 110

gallons in size, not more than 0.3% by weight of residue remains in

the container. The liquid residue becomes subject to this part when

discarded.

(l) (i) A residual amount of liquid remaining in a container

and generated as a result of transportation of a solid waste in

that container.

(m) (j) A liquid brine authorized for use as dust and ice

control regulated under parts 31 and 615.

(n) (k) Food processing residuals as defined in section 11503,

or site-separated material or source-separated material approved by

the department under part 115, that, to produce biogas, will be

decomposed in a controlled manner under anaerobic conditions using

a closed system that complies with part 55.

(o) (l) A liquid approved by the director for use as a biofuel

in energy production in compliance with part 55 that is not

speculatively accumulated and that is transported directly to the

burner of the biofuel.