The Michigan Legislature this week passed legislation setting out restrictions on disposal of technologically enhanced naturally occurring radioactive materials (TENORM) in state landfills, along with an accompanying funding bill.
Michigan Gov. Rick Snyder (R) “has not made any decisions on these bills,” spokesman Ari Adler said by email this week. “He needs to review them carefully and then will decide whether to sign them or not.”
The state’s governor, by law, has 14 days to sign the bills. Snyder’s last day in office is Jan. 1.
Sen. Tom Casperson (R) introduced SB 1196 on Nov. 8. The bill would set specific limits on landfill disposal of TENORM, at no more than: a radium-226 concentration exceeding 50 picocuries per gram; a radium-228 concentration exceeding 50 picocuries per gram; or a lead-210 concentration exceeding 260 picocuries per gram. The state Department of Environmental Quality would be authorized to amend a landfill’s operating license to enable disposal of TENORM reaching 500 picocuries per gram of each radionuclide. But the site operator or owner would be required to meet several conditions, including establishing a radiation safety program, preparing a report on radioactivity exposure risks, and developing an environmental reporting program.
The Senate passed the bill by a 29-8 vote on Dec. 4, followed by a House vote of 66-43 on an amended version on Dec. 12. Both chambers then approved concurred and enrolled versions of the legislation, submitting it to Snyder on Tuesday morning.
Sen. Rebekah Warren’s (D) associated legislation, SB 1195, establishes a $5 per ton fee on landfills for TENORM disposal. Those funds would cover the costs of state regulation and oversight of TENORM disposal, monitoring gear for local municipalities and landfills, and refunds to generators. That fee would only be enacted if the Casperson bill takes effect.
The Warren bill passed out of the Senate on a 29-8 vote, then passed the House on a 91-18 decision. It also went before Snyder on Tuesday.
TENORM is naturally occurring radioactive material (NORM) that has a higher radionuclide concentration due to human activity. One means of producing TENORM is hydraulic fracturing for extraction of oil and gas, which has been used widely in Michigan. Waste types include mineral scales within pipes, sludges and sediments, and contaminated gear, according to the U.S. Environmental Protection Agency.
Three facilities in the state are known to receive the material for disposal: two landfills and a disposal site operated by US Ecology. As of November, they together had received over 50,000 cubic yards of TENORM in 2018.
If Snyder signs the bills, they generally would take effect 90 days after the Legislature adjourns its session or at a later date specified in the legislation.
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