Bill Text: MI HB4646 | 2009-2010 | 95th Legislature | Introduced

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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

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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).