May 16, 2019, Introduced by Senators CHANG, IRWIN, GEISS, BULLOCK, ALEXANDER, HOLLIER, BAYER and BRINKS and referred to the Committee on Environmental Quality.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 5525a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5525a. (1) As used in this section:
(a) "Accumulation" means any surface deposit of bulk solid
that is in an amount greater than 3 ounces in 1 square foot or
higher than 3 inches and that is not any of the following:
(i) Moist material.
(ii) Completely covered.
(iii) In enclosed storage or a conveyor, transport vehicle,
coker pit, slurry bin, water collection channel, or separation
(b) "Bulk solid material" means any solid substance or
material that can be used as a fuel or as an ingredient in a
manufacturing process and that may become airborne or be scattered
by the wind, including, but not limited to, ores, coal, and coke.
Bulk solid material does not include any of the following:
(iii) Construction or demolition material.
(iv) Material handled or stored pursuant to a permit under
(v) Material used in manufacturing cement at a facility that
has obtained any necessary permits under part 55.
(c) "Coal" means a solid, brittle, carbonaceous rock
classified as anthracite, bituminous, subbituminous, or lignite by
ASTM Designation D388-77.
(d) "Coke" means a solid carbonaceous material derived from
the distillation of coal, including met coke, or from oil refinery
coker units or other cracking processes, including pet coke.
(e) "Construction or demolition material" means material used
in or resulting from the construction, remodeling, repair,
landscaping, or demolition of utilities, structures, buildings, or
roads, including, but not limited to, stockpiles of crushed stone,
sand, or gravel.
(f) "Enclosed storage" means a completely roofed and walled
(g) "Met coke" means a carbon material resulting from the
manufactured purification of multifarious blends of bituminous
(h) "Moist material" means bulk solid material that has a
moisture content that in no place is less than 8.3%.
(i) "Pet coke" means a solid carbonaceous residue produced
from a coker after cracking and distillation from petroleum
refining operations, including such residues produced by petroleum
upgraders in addition to petroleum refining.
(j) "Pile" means bulk solid material that attains a height of
3 feet or more, or a total surface area of 150 square feet or more.
(k) "Transfer location" means the location in the storage,
handling, or transport process where bulk solid material being
moved is dropped or deposited.
(2) A person that stores bulk solid material for transfer or
shipment shall do all of the following:
(a) Maintain each pile and transfer location in enclosed
(b) Ensure that each entrance or exit from enclosed storage
that allows passage of bulk solid material or vehicles has
overlapping flaps, sliding doors, or other devices approved by the
department that remain closed except when individuals are inside or
to allow individuals or vehicles to enter and leave or nonairborne
material to be moved into or out of enclosed storage.
(c) Maintain all areas free of accumulation.
(3) Not more than 45 days after the effective date of the
amendatory act that added this section, the department shall issue
compliance orders setting forth schedules of interim steps to
ensure full compliance with subsection (2) by 180 days after the
effective date of the amendatory act that added this section. The
compliance orders shall require monitoring and reporting of pile