Document 6Ra8EGewrgbOXwovxJXvJn7e4

SOO srocir*/.; J LANSING. r, - -wCl REPRINT SUBSTITUTE FOR (As Passed the House January 27. 1976) ' A bill to prohibit the manufacture, sale, and use In this state of poly chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures thereof and certain Items, products, and materials containing certain concentrations of those compounds; to provide for labeling and reporting requirements concern ing polychlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures thereof and for their disposal; to prescribe the powers and duties of the director of the department of natural resources and certain other state officers; to provide exemptions; and to provide penalties. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: | Sec. 1. As used In this act: 2 (a) "Director" means the director of the department of natural resources. 3 (b) "PCS" means the class of chlorinated biphenyl, terphenyl, higher k polyphenyl, or mixtures of these compounds produced by replacing 2 or more 5 hydrogen atoms on the biphenyl, terphenyl.or higher polyphenyl molecule *1203 *75 - Sub. (H-3) - R-| HONS 061934 2 1 with chlorine atoms. PCB shall not Include chlorinated biphenyls, tcrphenyls, 2 higher polyphenyls, or mixtures of these compounds that have functional groups 3 attached other than chlorine unless that functional group or the chlorinated 4 biphenyls, tcrphenyls, higher polyphcnyls, or mixtures thereof Is determined 5 to be dangerous to the public health, safety^and welfare under section 5. C (c) "Person" means an individual, firm, partnership, association, or 7 corporation. " B (d) "Ppm" means parts per million. ' 9 Sec. 2. The director shall be responsible for the administration and 10 Implementation of this act to protect the public health, safety, and welfare 11 from the toxic effects and environmental dangers of PCB. The director shall 12 promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, 13 being sections 2A.201 to 2!|.3I5 of the Michigan Compiled Laws, to Implement 14 and administer this act. 15 Sec. 3. (1) A person shall not sell or manufacture for sale In this 16 state PCB as defined In section 1(b). 17 (2) Beginning July I, 1976, a person shall not sell, manufacture for 18 sale, or use an Item, product, or material containing a concentration of 19 greater than 25,0,000 ppm of PCB In his business in this state. 20 (3) Beginning January I, 1977, a person shall not sell, manufacture for 21 sate, or use an item, product, or material in his business in this state If the 22 item, product, or material contains a concentration of PCB equal to or greater 23 than 1000 ppm. (o.i?*) 24 (M Beginning January 1, 1978, a person shall not sell, manufacture for 25 sale, or use an item, product, or material in his business In this state if 26 the item, product, or material contains a concentration of PCB equal to or 27 greater than 100 ppm, except that: *205 *75 - Sub. (H-3) - R-| MCNS 061535 r- 3 1 (a) The director may by rule prescribe a lower maximum concentration 2 of PCB for specific items, products, or materials If the director finds the 3 100 ppm concentration provided in this subsection to be inadequate to protect 4 the public health, safety, and welfare from the toxic dangers of the PCB t> i.uiit.tl.....I in thnt 1 ((mi, product, or material. Not less than 10 days before 6 the public hearing on a proposed pule authorized by this subsection, the 7 director shall mall notice of the proposed rule and public hearing to all 8 manufacturers, sellers, and users of the specific Item, product, or material 9 known to the director or that could be ascertained by reasonable Inquiry. 10 (b) An item, product, or material for which a lower maximum concentration 11 of PCB Is prescribed by federal law, rule, or regulation shall not contain 12 a concentration of PCB higher than that federal maximum, 13 (5) Notwithstanding subsection (I), (2), (3), or (A) PCB or an I tern, 14 product, or material containing PCB may be sold for use or used In this state 15 If It Is used in a closed system as a dielectric fluid for an electric 16 transformer or capacitor pursuant to rules promulgated by the director to 17 Insure the public health, safety, and welfare. ^Upon adequate documentation of 18 the availability of substitutes which meet performance standards end envlron- 19 19a 20 Setas +- . ,,mcntal acceptability, as determinedrby rule of, the director, these exclusions shua,lnI not appi ly^J*r* Safes oerl, PG8 or/ix e/eotvrs for a \ ef*</r/c r>a xsfsoe i<r*<*a/pa r/tvrr,cB (6) Notwithstanding subsection 0), (2), (3), or (a) an Item, product,or 21 material containing PCB may be manufactured for sale, sold for use, or used in 22 a business In this state pursuant to an exemption certificate Issued by the 23 director under section 4. 24 Sec. It. (I) A person may make written application to the director for 25 an exemption certificate on forms provided by the director. The director may 26 require additional information or materials to accompany the application as he 27 deems necessary for an accurate evaluation of the application. 1 h203 '75 - Sub. (11-3) - R-l HONS 061936 ~r 1 (2) The director may grant an exemption for an Item, product, or material 2 manufactured for sale, sold for use, or used by the person In his business If 2 the Item, product, or material contains incidental concentrations of PCB. 4 (3) As used In this section, "Incidental concentrations of PCB" means 5 concentrations or PCB which arc beyond the control of the person and which are g not the result of the person: * . 1 (a) Exposing the Item, product, or material toconcentrations of PCB. g (b) Falling to take reasonable measures to rid the Item, product, or 9material of concentrations of PCB. 10 (c) Falling to use a reasonable substitute for the I tern, product, or 11 material for which the exemption Is sought. 12 (A) In granting a certificate of exemption, the director shall Impose 13 conditions on the exemption In order that the exemption covers only Incidental 14 concentrations of PCB. 15 Sec. 5. After receiving a recommendation by affirmative majority vote of 16 a special committee consisting of the director, the director of the department 17 of commerce, and the director of the department of public health, the director 18 may by rule determine, within the concentrations prescribed by this act, that 19 chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures thereof 20 having certain functional groups in addition to chlorine attached to the 21 molecule constitute a sufficient danger to the public health, safety, and 22 welfare as to be regulated as a PCB by this act. 23 24 25 26 27 -- *QhlS 06193 7 *203 '75 - Sub. (H-3) - A-l :r 5 /i 2 See. 6. Beginning July 1, 1976, a person shall not use an Item, product, or material containing a concentration of PCB equal to or greater than 3 100 ppm In his business in this state unless: 4 (a) The person files with the director a written notice of Intent to use 5 the PCB or the item, product, or material containing PCB in his business. 6 (b) The person annually files with the director a report detailing the 7 total amount of PCB used by the person, and other Information required by rule 8 of the director to protect the public health, safety, and welfare from the 9 toxic effects and environmental dangers of PCB. 10 Sec. 7. Beginning July 1, 1976 * person shall not manufacture for 11 sale or sell In this state en Item, product, or material containing a 12 concentration of PCB equal to or greater than 100 ppm unless: ' 13 (a) The PCB or the Item, product, or material containing PCB Is conspicu 14 ously labeled to disclose the presence of PCB, the concentration of PCB, and 15 other information required by rule of the director to protect the public health, 16 safety, and welfare from the toxic effects and environmental dangers of PCB. 17 (b) The person files with the director a written notice of intent to man 18 ufacture or sell the PCB or the item, product, or material containing PCB. 19 (c) The person annually files with the director a report detailing the 20 total amount of PCB manufactured or sold by the person, and other information 21 required by rule of the director to protect the public health, safety, and 22 welfare from the toxic effects and environmental dangers of PCB. 23 Sec. 8. Beginning July 1, 1976, a person shall not dispose of solid 24 or liquid waste resulting from the use In his business of PCB or an Item, 25 26 27 \ 4203 '75 - Sub. (11-3) . _i MQNS 061938 / 6 product, or material containing or which has contained a concentration equal 2 to or greater than 100 ppm of PCB except In conformity with rules promulgated 3 by the dlrector. 4 Sec. 9- 0) A person who violates this act or a rule promulgated under r> this act is guilty of a misdemeanor, punishable by a fine of not less than 6 $2,900.00, nor more than $25,000.00. 7 (2) Each day that a violation of this act or a rule promulgated under 8 this act continues shall be considered a separate violation. 9 Ii203 '75 - Sub. (H-3) - R-i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MGNS 061939