HB 4265 — Environmental protection: solid waste; reporting and compliance requirements for anaerobic digesters; modify. Amends secs. 11506 & 11568 of 1994 PA 451 (MCL 324.11506 & 324.11568). TIE BAR WITH: HB 4257'25

HB-4265, As Passed House, June 12, 2025 SUBSTITUTE FOR HOUSE BILL NO.

TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 (c) Manure or animal bedding generated in the production of livestock and poultry, if managed in compliance with the appropriate GAAMPS.

(i) As a component of concrete, grout, mortar, or casting TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 molds, if the coal ash does not have more than 6% unburned carbon.

(ii) Any other person pursuant to a plan approved by a public TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 road agency.

TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 (5) "Source reduction" means any practice that reduces or eliminates the generation of waste at the source.

(d) Recovered paint solids if used to fuel an industrial boiler, kiln, power plant, gasification plant, or furnace, subject TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 to part 55;

TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 (l) Leaves that are ground or mixed with ground wood and sold as mulch for landscaping purposes if the volumes so managed are reported to the department in the manner provided in section 11560.

(10) "Type I public water supply", "type IIa public water supply", "type IIb public water supply", and "type III public water supply" mean those terms, respectively, as described in R 325.10502 TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 of the MAC.

(ii) An existing coal ash impoundment where coal ash will TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 remain after closure and that will be closed as a landfill pursuant to R 299.4309 of the MAC.

TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 (b) The Except as otherwise provided in this section, the owner or operator shall comply with this act, including parts 31 and 55, and not create a facility as defined in section 20101.

(f) (g) The owner or operator shall not store material overnight at the facility except in a secure location and with TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 adequate containment to prevent any release of material.

(a) Beginning 1 year after the effective date of the amendatory act that added this section, a A person shall not operate a materials recovery facility that sorts, bales, or TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 processes more than 100 tons of material per year and does not have more than 100 tons of managed material on-site at any time unless the owner or operator has registered the materials recovery facility with the department.

(b) Beginning 1 year after the effective date of the TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 amendatory act that added this section, a A person shall not operate a medium class 1 composting facility unless the owner or operator has registered with the department.

If the owner or operator fails to complete the corrective actions by the deadline, the department may issue an order to cease operations of the anaerobic digester, including land application or off-site transport of digestate, until the owner or operator TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 demonstrates compliance with the testing requirements of this subdivision.

(iv) DeadYard animalswaste and paunch from ruminant animals, unless infectious or managedgrass underclippings. 1982 PA 239, MCL 287.651 to 287.683.

(v) YardAquatic wasteplants. or grass clippings.

(vi) AquaticOrganic plants.food processing residuals.

(vii) OrganicSpent foodgrain processingfrom residuals.breweries.

(viii) SpentWaste graincooking fromgrease breweries.or trap grease.

(ix) WasteFood cookingwaste. grease or trap grease.

(x) FoodCrop waste.residuals and other crop wastes, including, but not limited to, those related to ethanol, biodiesel, and algal production.

(xi) CropCurbside residualssource andseparated otherorganic cropfood wastes,waste. including, but not limited to, those related to ethanol, biodiesel, and algal production.

(xii) CurbsideSource source separated organicmaterial material.consisting of organics from commercial institutions, cafeterias, and supermarkets.

(xiii) SourceWastewater separated material consisting of organics from commercialfood institutions,treatment cafeterias,facilities. and supermarkets.

(xiv) Wastewater solids or dissolved air flotation materials from food treatmenttreatment. facilities.

TMV H01604'25 (H-1)(H-4)_HB4265_APH_1 pmk8jn5wfdsv 1 (xv) WastewaterOut-of-date solidsfood or dissolvedspoiled airfood flotationproducts, materialswithout fromintentionally foodincluded treatment.packaging that is nonbiodegradable.

(xvi) Out-of-dateBlood foodand orblood spoiledwater foodfrom productsanimal inslaughter packaging.operations.

(xvii) BloodPet food and bloodpet waterfood frombyproducts. animal slaughter operations.

(xviii) PetFood foodingredients. and pet food byproducts.

(xix) FoodBeverages. ingredients.

(xx) Beverages.Leachate from composting operations.

(xxi) LeachateOther fromdigester compostingfeedstocks operations.as approved by the director.

(xxii) OtherA digestermixture feedstocksof asany approvedof bythese thematerials. director.

(xxiii) A mixture of any of these materials.

(d) (b) Beginning 1 year after the effective date of the amendatory act that added this section, 90 days after the effective date of the amendatory act that added subdivision (e), a person TMV H01604'25 (H-1) pmk8jn 1 shall not operate an anaerobic digester if the anaerobic digester TMV H01604'25 (H-4)_HB4265_APH_1 5wfdsv 1 manages source separated material generated on-site and if more than 20% of the material managed is generated off-site unless the owner or operator has registered the anaerobic digester with the department or is exempt from registration under subsection (5).

(e) Beginning 90 days after the effective date of the amendatory act that added this subdivision, the owner or operator of an anaerobic digester that manages only feedstocks generated off-site shall register the anaerobic digester with the department, TMV H01604'25 (H-1) pmk8jn 1 but is not required to obtain a permit under part 31 for the land TMV H01604'25 (H-4)_HB4265_APH_1 5wfdsv 1 application of digestate.

Siting and storage of TMV H01604'25 (H-1) pmk8jn 1 feedstocks shall comply with "Conservation Practice Standard, Waste TMV H01604'25 (H-4)_HB4265_APH_1 5wfdsv 1 Storage Facility, Code 313" (May 2016) of the United States Department of Agriculture, Natural Resources Conservation Service or a standard approved by the department.

(i) Receives manure from a farm that does not have a permit for TMV H01604'25 (H-1) pmk8jn 1 a concentrated animal feeding operation, as defined in R 323.2101 TMV H01604'25 (H-4)_HB4265_APH_1 5wfdsv 1 of the MAC.

(c) Beginning 2 years after the effective date of the amendatory act that added this section, a person shall not operate an anaerobic digester that manages only source separated material, TMV H01604'25 (H-1) pmk8jn 1 manures, bedding, or crop residuals that are generated off-site TMV H01604'25 (H-4)_HB4265_APH_1 5wfdsv 1 unless approved by the department under a general permit, subject to subsections (6) to (9).

TMV H01604'25 (H-1) pmk8jn 1 (12) (7) An application for approval under a general permit TMV H01604'25 (H-4)_HB4265_APH_1 5wfdsv 1 under this section shall be accompanied by a fee of $1,000.00.