Bill Text: MI HB4646 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Environmental protection; incinerators; permits for construction of municipal waste combustors and medical waste incinerators; provide for moratorium on. Amends sec. 5504 of 1994 PA 451 (MCL 324.5504).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-24 - Printed Bill Filed 03/20/2009 [HB4646 Detail]
Download: Michigan-2009-HB4646-Introduced.html
HOUSE BILL No. 4646
March 19, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.
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:
Sec.
5504. (1) Beginning on June
6, 1991 or on the effective
date
of the rules promulgated under subsection (5), whichever is
later,
a facility that incinerates medical waste shall not be
operated
unless the facility has been issued an operating permit by
the
department.
(2)
An application for an operating permit under subsection
(1)
shall be submitted in the form and contain the information
required
by the department. The department shall issue an operating
permit
only if the facility is in compliance with this part and the
rules
promulgated under this part.
(3)
A permit issued under this section shall be valid for 5
years.
Upon expiration, a permit may be renewed.
(4)
Within 2 years after the effective date of the rules
promulgated
under subsection (5), the department shall review all
operating
permits issued under this part for facilities that
incinerate
medical waste that were issued permits prior to the
promulgation
of the rules under subsection (5). If, upon review,
the
department determines that the facility does not meet the
requirements
of the rules promulgated under subsection (5) and
cannot
be retrofitted to comply with these rules, the department
shall
issue an interim operating permit that is valid for 2 years
only.
If the facility only needs retrofitting in order to comply
with
the rules, the facility shall be granted an interim permit
that
is valid for 1 year only. However, in either case the facility
shall
comply with this part and all other rules promulgated under
this
part for the interim period. An interim operating permit shall
provide
that if the facility is within 50 miles of another facility
that
is in compliance with the rules promulgated under subsection
(5),
the facility operating under the interim operating permit may
receive
only medical waste that is generated on the site of that
facility,
at a facility owned and operated by the person who owns
and
operates that facility, or at the private practice office of a
physician
who has privileges to practice at that facility, if the
facility
is a hospital. The department shall renew an operating
permit
for a facility only if the facility is in compliance with
this
part and the rules promulgated under this part.
(5)
The department shall promulgate rules to do both of the
following:
(a)
Regulate facilities that incinerate medical waste. These
rules
shall cover at least all of the following areas:
(i) Incinerator design and operation.
(ii) Ash handling and quality.
(iii) Stack design.
(iv) Requirements for receiving medical waste from
generators
outside
the facility.
(v) Air pollution control requirements.
(vi) Performance monitoring and testing.
(vii) Record keeping and reporting requirements.
(viii) Inspection and maintenance.
(b)
Regulate the operation of facilities that incinerate only
pathological
waste and limited other permitted solid waste.
(6)
A permit issued under this section may allow a facility to
receive
pathological or medical wastes that were generated off the
site
of the facility. However, the owner or operator of the
facility
shall keep monthly records of the source of the wastes and
the
approximate volume of the wastes received by the facility.
(7)
As used in this section:
(a)
"Medical waste" means that term as it is defined in part
138
of the public health code, Act No. 368 of the Public Acts of
1978,
being sections 333.13801 to 333.13831 of the Michigan
Compiled
Laws.
(b)
"Pathological waste" means that term as it is defined in
part
138 of the public health code. Before
January 1, 2014, the
department shall not issue a permit to install for any of the
following:
(a) A new municipal waste combustor as defined in 40 CFR
60.51b.
(b) A new municipal waste combustion unit as defined in 40 CFR
60.3078.
(c) A new incinerator that burns, on a calendar-quarter basis,
10% by weight or more of any of the following materials:
(i) Hospital waste as defined in 40 CFR 60.51c.
(ii) Medical/infectious waste as defined in 40 CFR 60.51c.
(iii) Any combination of the materials descried in subparagraphs
(i) and (ii).
