Bill Text: MI SB1196 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Environmental protection; landfills; hazardous waste landfills; regulate disposal of certain radioactive waste in. Amends secs. 11104 of 1994 PA 451 (MCL 324.11104) & adds sec. 11132.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 688'18 With Immediate Effect [SB1196 Detail]
Download: Michigan-2017-SB1196-Engrossed.html
SB-1196, As Passed Senate, December 4, 2018
SUBSTITUTE FOR
SENATE BILL NO. 1196
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11104 (MCL 324.11104), as amended by 2001 PA
165, and by adding sections 11132 and 11514b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11104. (1) "Operator" means the person responsible for
the overall operation of a disposal, treatment, or storage facility
with approval of the department either by contract or license.
(2) "Site identification number" means a number that is
assigned
by the United States environmental protection agency
Environmental
Protection Agency or the United States environmental
protection
agency's Environmental
Protection Agency's designee to
each generator, each transporter, and each treatment, storage, or
disposal facility. If the generator or transporter or the
treatment, storage, or disposal facility manages wastes that are
hazardous under this part and the rules promulgated under this part
but are not hazardous under the solid waste disposal act, site
identification number means an equivalent number that is assigned
by the department.
(3) "Solid waste" means that term as it is defined in part
115.
(4) "Storage" means the holding of hazardous waste for a
temporary
period , at the
end of which the hazardous waste is
treated, disposed of, or stored elsewhere.
(5) "Storage facility" means a facility or part of a facility
where managed hazardous waste, as defined by rule, is subject to
storage. A generator who accumulates managed hazardous waste, as
defined by rule, on site in containers or tanks for less than 91
days or a period of time prescribed by rule is not a storage
facility.
(6) "Surface impoundment" or "impoundment" means a treatment,
storage, or disposal facility or part of a treatment, storage, or
disposal facility that is a natural topographic depression, human-
made excavation, or diked area formed primarily of earthen
materials, although it may be lined with human-made materials, that
is designed to hold an accumulation of liquid wastes or wastes
containing free liquids, and that is not an injection well. Surface
impoundments include, but are not limited to, holding, storage,
settling, and aeration pits, ponds, and lagoons.
(7) "Technologically enhanced naturally occurring radioactive
material" or "TENORM" means naturally occurring radioactive
material whose radionuclide concentrations have been increased as a
result of human practices. TENORM does not include any of the
following:
(a) Source material, as defined in section 11 of the atomic
energy act of 1954, 42 USC 2014, and its progeny in equilibrium.
(b) Material with concentrations of radium-226, radium-228,
and lead-210 each less than 5 picocuries per gram.
(8) (7)
"The solid waste disposal
act" means title II of
Public
Law 89-272. , 42 U.S.C. 6901, 6902 to 6907, 6911, 6912 to
6914a,
6915 to 6916, 6921 to 6939e, 6941, 6942 to 6949a, 6951 to
6956,
6961 to 6964, 6971 to 6979b, 6981 to 6987, 6991 to 6991i, and
6992
to 6992k.
(9) (8)
"Transporter" means a
person engaged in the off-site
transportation of hazardous waste by air, rail, highway, or water.
(10) (9)
"Treatment" means any
method, technique, or process,
including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous
waste, to neutralize the waste, to recover energy or material
resources from the waste, or to render the waste nonhazardous or
less hazardous, safer to transport, store, or dispose of, amenable
to recovery, amenable to storage, or reduced in volume. Treatment
includes any activity or processing designed to change the physical
form or chemical composition of hazardous waste so as to render it
nonhazardous.
(11) (10)
"Treatment facility"
means a facility or part of a
facility where managed hazardous waste, as defined by rule, is
subject to treatment.
(12) (11)
"Updated plan" means the
updated state hazardous
waste management plan prepared under section 11110.
(13) (12)
"Vehicle" means a
transport vehicle as defined in 49
C.F.R.
CFR 171.8.
Sec. 11132. (1) Except as otherwise provided in this section,
a person shall not deliver to a landfill in this state for disposal
and the owner or operator of a landfill shall not permit disposal
in the landfill of TENORM with any of the following:
(a) A concentration of radium-226 more than 50 picocuries per
gram.
(b) A concentration of radium-228 more than 50 picocuries per
gram.
(c) A concentration of lead-210 more than 260 picocuries per
gram.
(2) Except as otherwise specified in the landfill operating
license, the owner or operator of a landfill shall not permit a
delivery of TENORM for disposal at the landfill unless the
generator has provided the following information in writing to the
owner or operator of the landfill:
(a) The concentrations of radium-226, radium-228, lead-210,
and any other radionuclide identified using gamma spectroscopy, or
an equivalent analytical method, in the TENORM based on techniques
for representative sampling and waste characterization approved by
the department.
(b) An estimate of the total mass of the TENORM.
(c) An estimate of the total radium-226 activity, the total
radium-228 activity, and the total lead-210 activity of the TENORM.
(d) The proposed date of delivery.
(3) The department may test TENORM proposed to be delivered to
a landfill.
(4) If requested by the owner or operator of a landfill in an
application for the renewal of or a major modification to an
operating license, the department may authorize with conditions and
limits in the operating license the disposal of TENORM with
concentrations of radium-226 more than 50 picocuries per gram,
radium-228 more than 50 picocuries per gram, or lead-210 more than
260 picocuries per gram, or any combination thereof, but not more
than 500 picocuries per gram for each radionuclide. An operating
license under this part with such an authorization constitutes a
license from the state's radiation control authority under part 135
of the public health code, 1978 PA 368, MCL 333.13501 to 333.13537,
if the conditions and procedures for issuance of the operating
license under this part are sufficient to satisfy the licensing
requirements of part 135 of the public health code, 1978 PA 368,
MCL 333.13501 to 333.13537.
(5) A request under subsection (4) shall include all of the
following:
(a) A radiation safety program that addresses all of the
following:
(i) Personnel radiation protection.
(ii) Worker training.
(iii) Radiation surveys.
(iv) Radiation instrument calibration.
(v) Receipt and disposal of radioactive material.
(vi) Emergency procedures.
(vii) Record keeping.
(b) A report evaluating the risks of exposure to residual
radioactivity through all relevant pathways using a generally
accepted industry model such as the Argonne National Laboratory
RESRAD family of codes or, if approved by the department, another
model. The report shall evaluate potential radiation doses to site
workers and members of the public during site operation and after
site closure. The report shall use reasonable scenarios to evaluate
the dose to members of the public.
(c) A description of any steps necessary to ensure the annual
dose to members of the public during landfill operation and after
site closure will be less than 25 millirem.
(d) A description of an environmental monitoring program under
subsection (6).
(6) If TENORM is disposed at a landfill, the operator of the
landfill shall conduct a monitoring program that complies with all
of the following:
(a) Radiological monitoring of site workers and at the
landfill property boundary are conducted as specified in the
license.
(b) Radium-226, radium-228, and lead-210 are included among
the parameters analyzed in leachate and groundwater at the
frequency specified in the license.
(c) Penetrating radiation, radioactivity in air, and radon in
air are measured as specified in the operating license if the
landfill is used to dispose of TENORM with a concentration of
radium-226 more than 50 picocuries per gram, radium-228 more than
50 picocuries per gram, or lead-210 more than 260 picocuries per
gram.
(d) Results of all monitoring required under this subsection
are included in the environmental monitoring reports required under
rules promulgated under this part and the facility operating
license.
(7) The owner or operator of a landfill shall submit to the
department by March 15 each year a report that summarizes the
information obtained under subsection (2) for all TENORM disposed
at the landfill during the previous calendar year.
(8) The owner or operator of a landfill shall do both of the
following:
(a) Ensure that all TENORM is deposited at least 10 feet below
the bottom of the future landfill cap.
(b) Maintain records of the location and elevation of TENORM
disposed of at the landfill.
Sec. 11514b. (1) Except as otherwise provided in this section,
a person shall not deliver to a type II landfill in this state for
disposal and the owner or operator of a type II landfill shall not
permit disposal in the landfill of technologically enhanced
naturally occurring radioactive material with any of the following:
(a) A concentration of radium-226 more than 50 picocuries per
gram.
(b) A concentration of radium-228 more than 50 picocuries per
gram.
(c) A concentration of lead-210 more than 260 picocuries per
gram.
(2) The owner or operator of a type II landfill shall not
permit a delivery of TENORM for disposal at the landfill unless the
generator has provided the following information in writing to the
owner or operator of the landfill:
(a) The concentrations of radium-226, radium-228, lead-210,
and any other radionuclide identified using gamma spectroscopy, or
an equivalent analytical method, in the TENORM based on techniques
for representative sampling and waste characterization approved by
the department.
(b) An estimate of the total mass of the TENORM.
(c) An estimate of the total radium-226 activity, the total
radium-228 activity, and the total lead-210 activity of the TENORM.
(d) The proposed date of delivery.
(3) The department may test TENORM proposed to be delivered to
a landfill.
(4) The owner or operator of a type II landfill shall submit
to the department an annual report that summarizes the information
obtained under subsection (2) for all TENORM disposed at the
landfill during the previous state fiscal year.
(5) The owner or operator of a type II landfill that disposes
of TENORM with a concentration of radium-226 more than 25
picocuries per gram, a concentration of radium-228 more than 25
picocuries per gram, or a concentration of lead-210 more than 25
picocuries per gram shall do all of the following:
(a) Ensure that all TENORM is deposited at least 10 feet below
the bottom of the future landfill cap.
(b) Maintain records of the location and elevation of TENORM
disposed of at the landfill.
(c) Conduct a monitoring program that complies with all of the
following:
(i) Radiological monitoring of site workers and at the
landfill property boundary are conducted as specified in the
license.
(ii) Radium-226, radium-228, and lead-210 are included among
the parameters analyzed in leachate and groundwater at the
frequency specified in the license.
(iii) Results of all monitoring required under this subsection
are included in the environmental monitoring reports required under
rules promulgated under this part and the facility operating
license.
(6) As used in this section, "technologically enhanced
naturally occurring radioactive material" or "TENORM" means
naturally occurring radioactive material whose radionuclide
concentrations have been increased as a result of human practices.
TENORM does not include any of the following:
(a) Source material, as defined in section 11 of the atomic
energy act of 1954, 42 USC 2014, and its progeny in equilibrium.
(b) Material with concentrations of radium-226, radium-228,
and lead-210 each less than 5 picocuries per gram.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 1195 of the 99th Legislature is enacted into
law.