HOUSE BILL No. 4551


     April 22, 1999, Introduced by Reps. Brater, LaForge, Schauer, Jamnick, Hansen, Bogardus, Woodward, Schermesser, Martinez, Gieleghem, DeHart, Baird, Scott, Jacobs, Prusi and Minore and referred to the Committee on Agriculture and Resource Management.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding chapter 9 to article II.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                            CHAPTER 9:  HEALTH

 2                         PART 221 RISK STANDARDS

 3         SEC. 22101.  AS USED IN THIS PART:

 4         (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

 5    QUALITY.

 6         (B) "RELEASE" INCLUDES, BUT IS NOT LIMITED TO, ANY SPILLING,

 7    LEAKING, PUMPING, POURING, EMITTING, EMPTYING, DISCHARGING,

 8    INJECTING, ESCAPING, LEACHING, DUMPING, OR DISPOSING OF A HAZARD-

 9    OUS AND TOXIC COMPOUND INTO THE ENVIRONMENT, OR THE ABANDONMENT

10    OR DISCARDING OF BARRELS, CONTAINERS, AND OTHER CLOSED

11    RECEPTACLES CONTAINING A HAZARDOUS OR TOXIC COMPOUND.  RELEASE


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 1    DOES NOT INCLUDE A RELEASE THAT RESULTS IN EXPOSURE TO PERSONS

 2    SOLELY WITHIN A WORKPLACE, WITH RESPECT TO A CLAIM THAT THESE

 3    PERSONS MAY ASSERT AGAINST THEIR EMPLOYERS.

 4         (C) "RISK STANDARD" MEANS A STANDARD ESTABLISHED BY THE

 5    DEPARTMENT UNDER THIS ACT TO DETERMINE POTENTIAL THREATS TO THE

 6    PUBLIC HEALTH OR THE ENVIRONMENT POSED BY RELEASES.

 7         SEC. 22102.  (1) THE DEPARTMENT SHALL REVIEW EACH OF ITS

 8    RISK STANDARDS AND DETERMINE BOTH OF THE FOLLOWING:

 9         (A) WHETHER THE RISK STANDARD TAKES INTO ACCOUNT AND IS ABLE

10    TO IDENTIFY ANY DIFFERENT RISKS TO DEVELOPING HUMAN FETUSES, MALE

11    CHILDREN, FEMALE CHILDREN, MALE ADULTS, AND FEMALE ADULTS POSED

12    BY RELEASES, SO AS TO PROTECT THE HEALTH OF EACH WITH A MARGIN OF

13    SAFETY.

14         (B) WHETHER THE RISK STANDARD EVALUATES EACH OF THE FOLLOW-

15    ING SPECIFIC RISKS ADEQUATELY TO PROTECT HEALTH WITH A MARGIN OF

16    SAFETY:

17         (i) ADVERSE REPRODUCTIVE OUTCOMES.

18         (ii) RESPIRATORY DISEASE.

19         (iii) IMMUNOLOGIC SUPPRESSION.

20         (iv) CANCER.

21         (v) NEUROLOGICAL DEVELOPMENT.

22         (vi) ENDOCRINAL (HORMONAL) FUNCTIONING.

23         (vii) GENERAL FETAL AND CHILD DEVELOPMENT.

24         (viii) ANY OTHER IMPORTANT HEALTH OUTCOMES IDENTIFIED BY THE

25    DEPARTMENT.

26         (2) IF THE DEPARTMENT DETERMINES THAT A RISK STANDARD DOES

27    NOT SATISFY THE REQUIREMENTS OF SUBSECTION (1), THE DEPARTMENT



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 1    SHALL ESTABLISH A NEW RISK STANDARD THAT SATISFIES THE

 2    REQUIREMENTS OF SUBSECTION (1).  THE NEW RISK STANDARD SHALL TAKE

 3    EFFECT NO LATER THAN JANUARY 1, 2001.

 4         (3) IF THE DEPARTMENT IS UNABLE TO DETERMINE WHETHER A RISK

 5    STANDARD SATISFIES THE REQUIREMENTS OF SUBSECTION (1), THE

 6    DEPARTMENT SHALL IDENTIFY METHODS TO MINIMIZE OR PREVENT EXPOSURE

 7    TO THE HAZARDOUS OR TOXIC COMPOUND.

 8         (4) IF, BASED ON EXISTING RESEARCH, THE DEPARTMENT IS UNABLE

 9    TO DETERMINE WHETHER A RISK STANDARD SATISFIES THE REQUIREMENTS

10    OF SUBSECTION (1)(A) WITH RESPECT TO MALE CHILDREN OR FEMALE

11    CHILDREN OR SUBSECTION (1)(B)(vii) WITH RESPECT TO CHILD DEVELOP-

12    MENT, THE DEPARTMENT SHALL IDENTIFY AND PROPOSE ADDITIONAL

13    RESEARCH NECESSARY FOR THE DEPARTMENT TO MAKE THE DETERMINATION.

14         (5) THE DEPARTMENT SHALL CARRY OUT ITS RESPONSIBILITIES

15    UNDER THIS PART IN COORDINATION WITH THE TASK FORCE ON ENVIRON-

16    MENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN ESTABLISHED

17    UNDER EXECUTIVE ORDER NO. 13045, 62 F.R. 19885 (1997).

18         Enacting section 1.  This amendatory act takes effect

19    January 1, 2000.



















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