Bill Text: MI SB0325 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Environmental protection; pollution prevention; coke and other bulk solid materials; require enclosure of piles. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 5525a.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2019-05-16 - Referred To Committee On Environmental Quality [SB0325 Detail]

Download: Michigan-2019-SB0325-Introduced.html

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SENATE BILL No. 325

 

 

May 16, 2019, Introduced by Senators CHANG, IRWIN, GEISS, BULLOCK, ALEXANDER, HOLLIER, BAYER and BRINKS and referred to the Committee on Environmental Quality.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 5525a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5525a. (1) As used in this section:

 

     (a) "Accumulation" means any surface deposit of bulk solid

 

that is in an amount greater than 3 ounces in 1 square foot or

 

higher than 3 inches and that is not any of the following:

 

     (i) Moist material.

 

     (ii) Completely covered.

 

     (iii) In enclosed storage or a conveyor, transport vehicle,

 

coker pit, slurry bin, water collection channel, or separation

 

pond.

 

     (b) "Bulk solid material" means any solid substance or

 

material that can be used as a fuel or as an ingredient in a

manufacturing process and that may become airborne or be scattered

 

by the wind, including, but not limited to, ores, coal, and coke.

 

Bulk solid material does not include any of the following:

 

     (i) Salt.

 

     (ii) Grain.

 

     (iii) Construction or demolition material.

 

     (iv) Material handled or stored pursuant to a permit under

 

part 115.

 

     (v) Material used in manufacturing cement at a facility that

 

has obtained any necessary permits under part 55.

 

     (c) "Coal" means a solid, brittle, carbonaceous rock

 

classified as anthracite, bituminous, subbituminous, or lignite by

 

ASTM Designation D388-77.

 

     (d) "Coke" means a solid carbonaceous material derived from

 

the distillation of coal, including met coke, or from oil refinery

 

coker units or other cracking processes, including pet coke.

 

     (e) "Construction or demolition material" means material used

 

in or resulting from the construction, remodeling, repair,

 

landscaping, or demolition of utilities, structures, buildings, or

 

roads, including, but not limited to, stockpiles of crushed stone,

 

sand, or gravel.

 

     (f) "Enclosed storage" means a completely roofed and walled

 

structure.

 

     (g) "Met coke" means a carbon material resulting from the

 

manufactured purification of multifarious blends of bituminous

 

coal.

 

     (h) "Moist material" means bulk solid material that has a

moisture content that in no place is less than 8.3%.

 

     (i) "Pet coke" means a solid carbonaceous residue produced

 

from a coker after cracking and distillation from petroleum

 

refining operations, including such residues produced by petroleum

 

upgraders in addition to petroleum refining.

 

     (j) "Pile" means bulk solid material that attains a height of

 

3 feet or more, or a total surface area of 150 square feet or more.

 

     (k) "Transfer location" means the location in the storage,

 

handling, or transport process where bulk solid material being

 

moved is dropped or deposited.

 

     (2) A person that stores bulk solid material for transfer or

 

shipment shall do all of the following:

 

     (a) Maintain each pile and transfer location in enclosed

 

storage.

 

     (b) Ensure that each entrance or exit from enclosed storage

 

that allows passage of bulk solid material or vehicles has

 

overlapping flaps, sliding doors, or other devices approved by the

 

department that remain closed except when individuals are inside or

 

to allow individuals or vehicles to enter and leave or nonairborne

 

material to be moved into or out of enclosed storage.

 

     (c) Maintain all areas free of accumulation.

 

     (3) Not more than 45 days after the effective date of the

 

amendatory act that added this section, the department shall issue

 

compliance orders setting forth schedules of interim steps to

 

ensure full compliance with subsection (2) by 180 days after the

 

effective date of the amendatory act that added this section. The

 

compliance orders shall require monitoring and reporting of pile

sizes.