HOUSE BILL No. 4719

 

 

June 13, 2019, Introduced by Reps. Pagan, Rabhi, Hood, Camilleri, Clemente, Kennedy, Brixie, Warren, Sowerby, Manoogian, Yancey and Hoadley 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 adding part 149.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 149. COAL TAR PRODUCTS

 

     Sec. 14901. As used in this part:

 

     (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, and 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

 

14907(1).

 

     (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. 14903. (1) Except as provided in section 14909, a person

 

shall not apply a coal tar sealant or other high PAH sealant on

 

asphalt, concrete, or other pavement.

 

     (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. 14905. (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 14909 or a

 

completed no-Michigan-use form.

 

     (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 submitted to that person under subsection (2)

 

for 3 years and allow the department to inspect or copy the form or

 

written exemption upon request.


     Sec. 14907. (1) A no-Michigan-use form shall include all of

 

the following:

 

     (a) Blanks for designating the name, address, and telephone

 

number of the purchaser.

 

     (b) A blank for the date of the purchase.

 

     (c) A blank for 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) A blank for the purchaser's signature.

 

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

 

form suitable for compliance with section 14905.

 

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

 

contains false information.

 

     Sec. 14909. The director may grant a person a written

 

exemption from section 14903 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. 14911. A person that violates this part is responsible

 

for a state civil infraction and may be ordered to pay a civil fine

 

of not more than $5,000.00.

 

     Enacting section 1. This amendatory act is enacted in memory

 

of Dr. James Wilson of Van Buren Township, Michigan.


     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.