Bill Text: MI SB0508 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Environmental protection; pollution prevention; coal tar sealant or other high PAH sealant for pavement; prohibit use and sale. Amends heading of subpt. 1 of pt. 147 of 1994 PA 451 (MCL 324.101 - 324.90106) & adds secs. 14701, 14703, 14705, 14707 & 14709.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-07-12 - Referred To Committee On Transportation [SB0508 Detail]

Download: Michigan-2017-SB0508-Introduced.html

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SENATE BILL No. 508

 

 

July 12, 2017, Introduced by Senators WARREN, HOPGOOD, GREGORY, HOOD and BIEDA and referred to the Committee on Transportation.

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by amending the heading of subpart 1 of

 

part 147 and by adding sections 14701, 14703, 14705, 14707, and

 

14709.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

SUBPART 1 PCB COMPOUNDS POLYCYCLIC AROMATIC HYDROCARBONS

 

     Sec. 14701. As used in this subpart:

 

     (a) "Coal tar sealant" means a surface-applied product

 

containing coal tar, coal tar pitch, coal tar pitch volatiles, RT-

 

12, refined tar, or any variation of those substances assigned the

 

Chemical Abstracts Service (CAS) numbers 65996-92-1, 65996-93-2,

 

65996-89-6, or 8007-45-2 or related substances containing more than

 

0.1% polycyclic aromatic hydrocarbons (PAHs), by weight.

 

     (b) "Department" means the department of environmental

 

quality.

 

     (c) "Director" means the director of the department or his or

 

her designee.

 

     (d) "No-Michigan-use form" means a form described in section

 

14705(2).

 

     (e) "Other high PAH sealant" means a surface-applied product

 

containing steam-cracked petroleum residues, steam-cracked asphalt,

 

pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation

 

of those substances assigned the Chemical Abstracts Service number

 

64742-90-1 or 69013-21-4 or related substances containing more than

 

0.1% polycyclic aromatic hydrocarbons (PAHs), by weight.

 

     Sec. 14703. (1) Because of the harmful effects of polycyclic

 

aromatic hydrocarbons (PAHs) on humans and on fish and other

 

aquatic life, a person shall not apply a coal tar sealant or other

 

high PAH sealant on asphalt, concrete, or other pavement, except as

 

provided in section 14707.

 

     (2) A person that owns property on which a coal tar sealant or

 

other high PAH sealant is applied in violation of subsection (1) is

 

rebuttably presumed to have applied the coal tar sealant or other

 

high PAH sealant.

 

     Sec. 14705. (1) Except as provided in subsection (2), a person

 

shall not sell a coal tar sealant or other high PAH sealant.

 

     (2) Subsection (1) does not apply if the purchaser submits to

 

the seller a copy of an exemption granted under section 14707 or a

 

completed form that includes all of the following:

 

     (a) The name, address, and telephone number of the purchaser.

     (b) The date of the purchase.

 

     (c) The quantity of coal tar sealant or other high PAH sealant

 

purchased.

 

     (d) A statement that the coal tar sealant or other high PAH

 

sealant will not be used within this state.

 

     (e) An affirmation by the purchaser that the information on

 

the form is correct.

 

     (f) The purchaser's signature.

 

     (3) A person that sells a coal tar sealant or other high PAH

 

sealant shall retain a completed no-Michigan-use form or a copy of

 

a written exemption under section 14707 for 3 years and allow the

 

department to inspect or copy the no-Michigan-use form or written

 

exemption upon request.

 

     (4) The department shall post on its website a no-Michigan-use

 

form suitable for compliance with subsection (2).

 

     (5) A person shall not sign a no-Michigan-use form if the form

 

contains false information.

 

     Sec. 14707. The director may grant a person a written

 

exemption from section 14703 if the director determines that the

 

person is researching the effect of a coal tar sealant or other

 

high PAH sealant on the environment or is developing an alternative

 

technology, and the use of the coal tar sealant or other high PAH

 

sealant is required for the research or development.

 

     Sec. 14709. A person that violates this part may be ordered to

 

pay a civil fine of not more than $5,000.00.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.