HOUSE BILL No. 4052


     January 25, 2001, Introduced by Reps. Kolb and Lipsey and referred to the Committee on Regulatory Reform.


        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:

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                              CHAPTER 9:  HEALTH

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                           PART 221 RISK STANDARDS

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           SEC. 22101.  AS USED IN THIS PART:

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           (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

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      QUALITY.

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

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

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

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      OUS AND TOXIC COMPOUND INTO THE ENVIRONMENT, OR THE ABANDONMENT

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      OR DISCARDING OF BARRELS, CONTAINERS, AND OTHER CLOSED

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      RECEPTACLES CONTAINING A HAZARDOUS OR TOXIC COMPOUND.  RELEASE


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      DOES NOT INCLUDE A RELEASE THAT RESULTS IN EXPOSURE TO PERSONS

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

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      PERSONS MAY ASSERT AGAINST THEIR EMPLOYERS.

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

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      DEPARTMENT UNDER THIS ACT TO DETERMINE POTENTIAL THREATS TO THE

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      PUBLIC HEALTH OR THE ENVIRONMENT POSED BY RELEASES.

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

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      RISK STANDARDS AND DETERMINE BOTH OF THE FOLLOWING:

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

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      TO IDENTIFY ANY DIFFERENT RISKS TO DEVELOPING HUMAN FETUSES, MALE

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

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

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      SAFETY.

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

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      ING SPECIFIC RISKS ADEQUATELY TO PROTECT HEALTH WITH A MARGIN OF

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      SAFETY:

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           (i) ADVERSE REPRODUCTIVE OUTCOMES.

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           (ii) RESPIRATORY DISEASE.

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           (iii) IMMUNOLOGIC SUPPRESSION.

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           (iv) CANCER.

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           (v) NEUROLOGICAL DEVELOPMENT.

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           (vi) ENDOCRINAL (HORMONAL) FUNCTIONING.

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           (vii) GENERAL FETAL AND CHILD DEVELOPMENT.

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           (viii) ANY OTHER IMPORTANT HEALTH OUTCOMES IDENTIFIED BY THE

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      DEPARTMENT.

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

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


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      SHALL ESTABLISH A NEW RISK STANDARD THAT SATISFIES THE

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

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      EFFECT NO LATER THAN JANUARY 1, 2003.

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

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      STANDARD SATISFIES THE REQUIREMENTS OF SUBSECTION (1), THE

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      DEPARTMENT SHALL IDENTIFY METHODS TO MINIMIZE OR PREVENT EXPOSURE

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      TO THE HAZARDOUS OR TOXIC COMPOUND.

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

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      TO DETERMINE WHETHER A RISK STANDARD SATISFIES THE REQUIREMENTS

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

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

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      MENT, THE DEPARTMENT SHALL IDENTIFY AND PROPOSE ADDITIONAL

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      RESEARCH NECESSARY FOR THE DEPARTMENT TO MAKE THE DETERMINATION.

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           (5) WHEN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS PART,

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      THE DEPARTMENT SHALL TAKE INTO CONSIDERATION THE WORK OF THE TASK

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      FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN

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      ESTABLISHED UNDER EXECUTIVE ORDER NO. 13045, 62 F.R. 19885

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      (1997).

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           Enacting section 1.  This amendatory act takes effect

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      January 1, 2002.

















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