SENATE BILL NO. 716 September 21, 1999, Introduced by Senator PETERS and referred to the Committee on Natural Resources and Environmental Affairs. 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 02517'99 TMV 2 1 RECEPTACLES CONTAINING A HAZARDOUS OR TOXIC COMPOUND. RELEASE 2 DOES NOT INCLUDE A RELEASE THAT RESULTS IN EXPOSURE TO PERSONS 3 SOLELY WITHIN A WORKPLACE, WITH RESPECT TO A CLAIM THAT THESE 4 PERSONS MAY ASSERT AGAINST THEIR EMPLOYERS. 5 (C) "RISK STANDARD" MEANS A STANDARD ESTABLISHED BY A 6 DEPARTMENT UNDER THIS ACT OR THE PUBLIC HEALTH CODE, 1978 PA 368, 7 MCL 333.1101 TO 333.25211, TO DETERMINE POTENTIAL THREATS TO THE 8 PUBLIC HEALTH OR THE ENVIRONMENT POSED BY RELEASES. 9 SEC. 22102. (1) THE DEPARTMENT SHALL REVIEW EACH OF ITS 10 RISK STANDARDS AND DETERMINE BOTH OF THE FOLLOWING: 11 (A) WHETHER THE RISK STANDARD TAKES INTO ACCOUNT AND IS ABLE 12 TO IDENTIFY ANY DIFFERENT RISKS TO DEVELOPING HUMAN FETUSES, MALE 13 AND FEMALE CHILDREN, AND MALE AND FEMALE ADULTS POSED BY 14 RELEASES, SO AS TO PROTECT THE HEALTH OF EACH WITH A MARGIN OF 15 SAFETY. 16 (B) WHETHER THE RISK STANDARD EVALUATES EACH OF THE FOLLOW- 17 ING SPECIFIC RISKS ADEQUATELY TO PROTECT HEALTH WITH A MARGIN OF 18 SAFETY: 19 (i) ADVERSE REPRODUCTIVE OUTCOMES. 20 (ii) RESPIRATORY DISEASE. 21 (iii) IMMUNOLOGIC SUPPRESSION. 22 (iv) CANCER. 23 (v) NEUROLOGICAL DEVELOPMENT. 24 (vi) ENDOCRINAL (HORMONAL) FUNCTIONING. 25 (vii) GENERAL FETAL AND CHILD DEVELOPMENT. 26 (viii) ANY OTHER IMPORTANT HEALTH OUTCOMES IDENTIFIED BY 27 THAT DEPARTMENT. 02517'99 3 1 (2) IF THE DEPARTMENT DETERMINES THAT A RISK STANDARD DOES 2 NOT SATISFY THE REQUIREMENTS OF SUBSECTION (1), THE DEPARTMENT 3 SHALL ESTABLISH A NEW RISK STANDARD THAT SATISFIES THE REQUIRE- 4 MENTS OF SUBSECTION (1). THE NEW RISK STANDARD SHALL TAKE EFFECT 5 NO LATER THAN JANUARY 1, 2002. 6 (3) IF THE DEPARTMENT IS UNABLE TO DETERMINE WHETHER A RISK 7 STANDARD SATISFIES THE REQUIREMENTS OF SUBSECTION (1), THE 8 DEPARTMENT SHALL IDENTIFY METHODS TO MINIMIZE OR PREVENT EXPOSURE 9 TO THE HAZARDOUS OR TOXIC COMPOUND. 10 (4) IF, BASED ON EXISTING RESEARCH, THE DEPARTMENT IS UNABLE 11 TO DETERMINE WHETHER A RISK STANDARD SATISFIES THE REQUIREMENTS 12 OF SUBSECTION (1)(A) WITH RESPECT TO MALE OR FEMALE CHILDREN OR 13 SUBSECTION (1)(B)(vii) WITH RESPECT TO CHILD DEVELOPMENT, THE 14 DEPARTMENT SHALL IDENTIFY AND PROPOSE ADDITIONAL RESEARCH NECES- 15 SARY FOR THE DEPARTMENT TO MAKE THE DETERMINATION. 16 (5) THE DEPARTMENT SHALL CARRY OUT ITS RESPONSIBILITIES 17 UNDER THIS PART IN COORDINATION WITH THE TASK FORCE ON 18 ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN ESTAB- 19 LISHED UNDER EXECUTIVE ORDER NO. 13045, 62 F.R. 19885 (1997). 20 Enacting section 1. This amendatory act takes effect 21 January 1, 2000. 02517'99 Final page. TMV