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
(c) "Director" means the director of the department or his or
(d) "No-Michigan-use form" means a form described in section
(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
(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.