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SB 1038

Environmental protection: pollution prevention; bulk storage regulations; provide for. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding secs. 5525a & 5525b.

2025-2026 Regular Session Introduced by Stephanie Chang and 3 co-sponsors

Michigan SB 1038 mandates real-time PM10 monitoring, strict dust control plans, and enclosure requirements to prevent fugitive dust from bulk solid facilities.

REFERRED TO COMMITTEE ON NATURAL RESOURCES AND AGRICULTURE
#environmentalprotection:airpollution #environmentalprotection:pollutionprevention
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Bill Summary · SB 1038

Overview

Senate Bill 1038 (2025-2026) from Michigan would amend the Natural Resources and Environmental Protection Act (1994 PA 451) by adding new sections 5525a and 5525b. The bill imposes strengthened dust and bulk solid material management requirements for facilities that store, handle, load, unload, stockpile, or process bulk solid materials for transport or shipment, with a focus on preventing fugitive dust and protecting air and water quality.

Purpose and intent

  • To prevent fugitive dust and related environmental impacts from bulk solid materials.
  • To require certified operation, ongoing dust control, real-time air monitoring, and detailed fugitive dust planning for facilities handling bulk solids.
  • To establish specific storage, handling, and operational standards intended to keep material within property boundaries and reduce emissions to the surrounding environment.

Key provisions

5525a — Operational and monitoring requirements

A facility handling bulk solid material must:
- Obtain an annual certificate of operation (Sec. 5525b).
- Adhere to site standards and dust control/handling plans.
- Install permanent, real-time PM10 monitors around the facility perimeter using FEM methodology, with:
- Year 1: at least 4 monitors facing all cardinal directions.
- Year 2+: monitoring plan based on Year 1 data (2 upwind, 2 downwind, with additional monitors as appropriate).
- Data loggers on each monitor; notify the department within 24 hours of:
- A monitor reading exceeding a reportable action level.
- A monitoring equipment malfunction.
- Maintain logs for each monitor’s maintenance/calibration.
- Install and maintain a weather station (wind speed/direction) at least 10 meters high, in a central, unobstructed location.

5525a — Additional storage/handling requirements (Sec. 5525a(2)-(3))

Facilities must:
- Keep piles and transfer locations in enclosed storage.
- Use approved energy-saving or containment devices (e.g., overlapping flaps or doors) at all entrances/exits to enclose material movement.
- Ensure accumulations are:
- Enclosed and monitored by an air quality monitoring system.
- Completely covered.
- Located inside enclosed storage or appropriate equipment/areas (e.g., conveyors, transport vehicles, ponds).
- Post conspicuously on-site:
- A copy of the completed certificate of operation.
- A history of infractions and noncompliance.

5525a — Standards on the property (Sec. 5525a(3))

Facilities must implement the following standards:
- Prohibit fugitive dust crossing the property line.
- Restrict outdoor pile height to 25 feet (15 feet for combustible materials).
- Use enclosures or water spray at conveyors/transfer points.
- Maintain an 8 mph speed limit for internal vehicle movement.
- Require outgoing vehicle cleaning and a wheel wash or rumble strips.
- Require covered truck beds/trailers for bulk solids.
- Use wet street sweepers on paved roads inside the property and at least 1/4 mile outside.
- Setback outdoor storage piles at least 100 feet from a waterway; exceptions for unloading/loading near waterways allowed for up to 24 hours if no material enters the waterway, with additional measures for dust suppression when temperatures are below 32°F (e.g., chemical stabilizers or water heating).

Interim compliance and rulemaking

  • Within 45 days of the act’s effective date, the department must issue compliance orders with interim steps toward full compliance within 180 days, including monitoring/reporting of pile sizes.
  • The department will promulgate rules following industry best practices.

Definitions (Sec. 5525a(5))

Key terms include:
- Accumulation, bulk solid material, carbonaceous material, coal, coke, combustible material, department (MDHHS), enclosed storage, metallurgical coke, petroleum coke, pile, reportable action level (PM10 difference triggering responses), transfer location, and 24-hour emergency contact information.

5525b — Certificate of operation and fugitive dust plan process

  • Within 90 days of the act’s effective date, facilities must apply for a certificate of operation, including:
    • Applicant contact information and facility details.
    • Nonrefundable application fee.
    • Fugitive dust plan and related data.
    • Attestation of reading Sections 5525a and 5525b.
    • History of infractions/noncompliance.
    • Other data as required by the department.
  • The department will review applications and issue a certificate if compliant; deny if incomplete or noncompliant.
  • The fugitive dust plan must accompany the application and include:
    • Property address, responsible contact, site map (property boundaries, buildings, roads, utilities, nearby transport corridors, drains/outfalls, emission points, piles/conveyors), and fugitive dust control devices/monitoring locations.
    • Description of operations, bulk material types, and truck routes with dust minimization measures and vehicle cleaning requirements.
    • Calculation of maximum outdoor bulk solid material capacity, certified by the owner/operator or authorized representative.
    • Details of control measures, maintenance, and staff training.
    • Dust monitoring plan, including PM10 monitor specifics, quarterly testing, and recordkeeping schedules.

Who would be affected

  • Facilities that store, handle, load, unload, stockpile, or process bulk solid materials for transport or shipment.
  • Operators of bulk solid material facilities (e.g., coal, coke, ores, other carbonaceous materials) in Michigan.
  • Facility owners, operators, and designated representatives responsible for compliance, monitoring, and reporting.
  • Local communities near bulk solid storage facilities due to anticipated changes in air quality monitoring and dust controls.

Timeline and procedural aspects

  • Effective date: Not specified in the excerpt, but the act references an amendatory date.
  • Certificate of operation application deadline: within 90 days after the amendatory act’s effective date.
  • Interim compliance orders: compliance orders due within 45 days after effective date; full interim steps due within 180 days.
  • Initial PM10 monitoring configuration: Year 1 (at least 4 monitors); Year 2+ (fugitive dust plan with upwind/downwind configuration).
  • Department rulemaking: to be issued per industry best practices following interim steps.

Summary

SB 1038 would create a comprehensive regulatory framework for bulk solid material storage and handling to prevent fugitive dust and protect air and water quality. It requires annual operation certificates, site-specific fugitive dust plans, robust real-time PM10 monitoring with wind data, enhanced enclosure and operational standards, vehicle cleanliness, and substantial setback and weather-related dust control measures. The department would issue interim compliance orders and develop detailed rules to implement these provisions, with a structured application and certification process for facilities.

Compiled from official sources — confirm details with the bill’s official record.

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