May 8, 2008, Introduced by Senator GILBERT and referred to the Committee on Transportation.
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 distillation or other refining, to
produce a fuel product.
(h) An off-specification fuel product transported directly to
a distillation or refining facility to produce a fuel product
regulated pursuant to 40 CFR part 80.
(i) (g)
A liquid or a sludge and associated
liquid authorized
to be applied to land under part 31 or 115.
(j) (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.
(k) (i)
A residual amount of liquid
remaining in a container
and generated as a result of transportation of a solid waste in
that container.
(l) (j)
A liquid brine authorized for use
as dust and ice
control regulated under parts 31 and 615.
(m) (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.
(n) (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.