Environment, Great Lakes and Energy - Water Resources Division - Water Resources Protection -- Part 6. Cleaning Agents and Water Conditioners


Published: 1979

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DEPARTMENT OF ENVIRONMENTAL QUALITY

SURFACE WATER QUALITY DIVISION

CLEANING AGENTS

(By authority conferred on the department of environmental quality by section 3903

of Act No. 451 of the Public Acts of 1994, as amended, being §324.3903 of the

Michigan Compiled Laws)

PART 6. CLEANING AGENTS AND WATER CONDITIONERS

R 323.1171 Definitions.

Rule 171. As used in this part:

(a) "Constituent" means a compound or ingredient contained in the formula of a

cleaning agent or water conditioner, other than phosphorus, identified by its common

chemical name.

(b) "Department" means the director of the department of environmental quality

or his or her designee to whom the director delegates a power or duty by written

instrument.

(c) "Person" means a manufacturer, processor, formulator, or packager who sells or

distributes any cleaning agent or water conditioner for use in this state.

History: 1979 AC; 2003 AACS.

R 323.1172 Applicability of rules; exceptions.

Rule 172. The rules in this part apply to all cleaning agents and water conditioners

as defined by section 3901 of 1994 PA 451, MCL 324.3901, except for any of the

following:

(a) A cleanser, rinsing aid, or sanitizing agent intended primarily for use in an

automatic or machine dishwasher.

(b) An industrial and commercial conversion coating agent, corrosion remover,

paint remover, rust inhibitor, metal brightener, etchant, or other surface conditioner.

(c) A solvent cleaner or other similar product not normally used with water.

(d) A disinfectant or sanitizer used in institutions, hospitals, and health care

facilities.

(e) A compound or product used in the manufacture or processing of foods and

food products, including those used in dairy, beverage, egg, fish, poultry, meat, fruit,

and vegetable processing facilities.

(f) A product intended primarily for personal use, including, but not limited to,

bathing soaps, dentifrices, shampoos, cleansing creams, toothpastes, and other

products for the care of the human body.

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(g) A product subject to registration or control under federal or state law

governing foods, drugs, cosmetics, insecticides, fungicides, and rodenticides.

(h) A product normally not used with water, such as a cleanser for windows,

ovens, or other hard surfaces.

(i) A water softening chemical, anti-scale chemical, or corrosion inhibitor intended

for use in circulatory systems, such as boilers, air conditioners, cooling towers, and

hot water heating systems.

History: 1979 AC; 2003 AACS.

R 323.1173 Statements of product constituents and restrictions.

(1) A person shall not sell or distribute a new, reformulated, or altered cleaning

agent or water conditioner unless the person first has filed both of the following with the

department:

(a) A written statement setting forth the percentage of phosphorus by weight,

expressed as elemental phosphorus, and the chemical names of all constituents in such

product not previously filed with the department.

(b) A written statement that a cleaning agent or water conditioner is not likely to

cause unlawful pollution or other conditions or injuries as described in sections 3

and 4 of 1994 PA 451, MCL 324.3903 and 324.3904.

(2) A person shall furnish additional information about any constituent contained

in a cleaning agent or water conditioner, upon request by the department, if the

department determines that the information is necessary to protect the waters of the state

from unlawful pollution or other injuries as described in sections 3 and 4 of 1994 PA

451, MCL 324.3903 and 324.3904.

(3) A person shall not sell or distribute for use in this state a household laundry

detergent which contains phosphorus in any form in excess of 0.5% by weight, expressed

as elemental phosphorus.

(4) Information filed with the department pursuant to this rule shall be used by the

department only as the information is necessary to implement the department's function

and duty as prescribed by section 3901 et seq. of 1994 PA 451, MCL 324.3901 et seq.

History: 1979 AC; 2003 AACS.

R 323.1174 Rescinded.

History: 1979 AC; 2003 AACS.

R 323.1175 Statements and determinations; proofs and consultations.

Rule 175. (1) A statement filed with the department pursuant to R 323.1173 may be

contested by the department if it determines that a cleaning agent or water conditioner is

causing or is likely to cause unlawful pollution or other injuries as defined in sections

3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904.

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(2) In determining whether a cleaning agent or water conditioner is causing or is

likely to cause unlawful pollution or other injuries as defined in sections 3 and 4 of 1994

PA 451, MCL 324.3903 and 324.3904, the department may seek the counsel and advice

of the director of the department of community health on the health or safety of any

users of the cleaning agent or water conditioner and of any state or federal agency or

educational institution as to any harmful effect upon animals, aquatic life, or

beneficial water uses.

(3) A contest asserted by the department shall be noticed, heard, and determined

in accordance with 1969 PA 306, MCL 24.201 et seq.

History: 1979 AC; 2003 AACS.

R 323.1180 Department requests; hearings; determinations.

Rule 180. The department may request the reduction or removal of a

constituent or chemical by a person if the department believes that the use of the

constituent or chemical in a cleaning agent or water conditioner, under conditions of

intended or probable use, is likely to cause a water pollution or public health problem.

The department may issue an order of determination regulating or banning the product

or constituent after hearing held in accordance with 1969 PA 306, MCL 24.201 et seq.,

unless procedure is otherwise prescribed in this part, if voluntary reduction or removal is

not accomplished as requested.

History: 1979 AC; 2003 AACS.

R 323.1181 Hearings, notices and appearances.

Rule 181. (1) When the department determines that a restriction on the nutrient

content or other constituent of a cleaning agent or water conditioner is necessary to

abate or prevent injury defined in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and

324.3904, the department shall notify the person affected by certified mail and set a date

for a hearing on the facts and proposed action. The hearing shall be held in accordance

with 1969 PA 306, MCL 24.201 et seq.

(2) An appearance at a hearing shall be made in person by a duly authorized

agent or by counsel.

History: 1979 AC; 2003 AACS.

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