Bill Text: MI SB1196 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 House, December 12, 2018

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


Senate Bill No. 1196 as amended December 12, 2018

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) [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.

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