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MMA Environmental Policy Committee — Agenda for 10/8/19

October 8, 2019 — Meeting Agenda

Notice: We will be joined by staff of the Department of Environment, Great Lakes and Energy during the latter half of the meeting. EGLE staff will arrive at 10:30 a.m.

Action Items:

  1. Nestle Waters Update (Arlene Anderson-Vincent, Nestle Waters North America)
    1. Presentation
  2. Update on the Line 5 agreement with State of Michigan (Anna Mooney, Enbridge): As a result of an opinion issued by Attorney General Dana Nessel, Governor Whitmer signed a new Executive Directive halting action on the Line 5 pipeline. Negotiations between Enbridge and the governor’s office have ceased for now. Enbridge has filed in the Court of Claims to affirm the legality of the law creating the Mackinac Straits Corridor Authority and tunnel agreement with Governor Snyder. AG Nessel has filed in Ingham County Circuit Court to stop pipeline operations and in the Court of Claims to oppose Enbridge’s filing.
    1. Press Release about Executive Directive (3/28/19)
    2. Executive Directive 2019-13 (3/28/19)
    3. Press Release re: AG Opinion on PA 359 (3/28/19)
    4. AG Opinion re: PA 359 (3/28/19)
    5. Press Release re: AG Taking Steps to Decommission Line 5 (6/27/19)
    6. Detroit News Article re: Lawmakers Requesting to File Brief (8/15/19)
    7. State of Michigan’s Reply Brief in Court of Claims (8/15/19)
    8. Creation of Great Lakes, Michigan Jobs Website
    9. Great Lakes, Michigan Jobs Coalition Toolkit (9/3/19)
  3. Latest on GLWA
    1. GLWA Permit Language
    2. PFAS Permit Modification
    3. GLWA Notice of Public Comment for Proposed Rules (now extended to 10/9/19)
    4. Link to Proposed Rules on GLWA Website
  4. EGLE Chloride and Sulfate Water Quality Criteria Implementation Work Group (Dennis Donohue, WNJ): EGLE has invited MMA to participate in a work group to discuss implementation of the recently derived chloride and sulfate water quality criteria. The criteria were developed in accordance with Rule 323.1057 of Part 4, Water Quality Standards, promulgated pursuant to Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, Act 451, as modified (referred to as “Rule 57”). The process of using Rule 57 to derive the criteria is necessary to protect aquatic life. The workgroup will in part focus on implementation of the criteria as it relates to National Pollutant Discharge Elimination System (NPDES) permit development. (Participants included Dennis Donohue of WNJ and Lynn Spurr of FTCH).
    1. Invitation
  5. Update on status of ongoing and upcoming updates to Part 111 Hazardous Waste Rules:
    1. Part 111 Regulatory Impact Statement
    2. Draft Rules Package ORR & LSB Version
    3. Draft Rules Red (Federal) & Blue (State) Text Version
    4. PowerPoint Presentation
  6. Part 115 Solid Waste Law Revision: EGLE is rebooting its effort from last legislative session to make significant revisions to Michigan’s solid waste law (Part 115 of NREPA). MMA has been invited to participate in a small work group to further examine and refine a legislative proposal introduced at the end of the 2018-2019 legislative session.
    1. Copy of Latest Draft
    2. MWRA Comments
    3. Revisions from EGLE
    4. Link to Solid Waste Advisory Group Web Page
    5. Work Group Member List
  7. EPA Administrator Wheeler Proposes Rule on Clean Water Act Quality Certification in Charleston, SC: EPA Administrator Andrew Wheeler made the announcement at the Council of Manufacturing Associations Summer Leadership Conference in Charleston. The proposed rule seeks to increase the transparency and efficiency of the 401 certification process and to promote the timely review of infrastructure projects while continuing to ensure that Americans have clean water for drinking and recreation.
    1. Press Release
  8. Update on PFAS with the PFAS and PFOS Work Group: This MMA work group continues to work with members, EGLE, DHHS and others to better understand the compliance obligations of manufacturers. Work Group chair Jeff Ramey will provide a brief update.
    1. Update on MPART Rules Process
      1. Link to Proposed Rules
      2. Member Comments and Input re: Questions
      3. Informal Comments Submitted to EGLE
      4. MPART Meeting Materials (9/27/19)
    2. PFAS TTR Group Roundtable
      1. Draft Meeting Summary (8/14/19)
      2. PFAS Treatment Technologies Roundtable Presentation (6/28/19)
      3. PFAS Treatment Technologies Roundtable Summary (6/28/19)
      4. PFAS Strategy Coordination Document (6/14/19)
      5. PFAS Treatment Technologies Roundtable Summary (5/10/19)
      6. Treatment Technologies Master Slidedeck Summary (5/10/19)
      7. Registration Sheet (5/10/19)
    3. Interested in going more in-depth on PFAS? Attend the MMA PFAS Work Group meeting at 1:00 p.m. on the same day, here at MMA – October 8, 2019.
  9. Title 5 Air Fees Discussion: MMA is seeking $2 million in General Fund to supplement the fee revenue in order to reduce the amount of fee increases on MMA members. Bill Lievense will provide a brief update.
    1. Senate Bill 137
    2. Senate Bill 137 Conference Report

    3. Senate Bill 530 (Senator Rosemary Bayer, D-Beverly Hills): SB 530 would amend Part 55 (Air Pollution Control) of the Natural Resources and Environmental Protection Act, the statutory basis for the Department of Environment, Great Lakes, and Energy (EGLE) Air Quality Division's Renewable Operating Permit (ROP) program. The bill would extend the sunset on the ROP program fees for four years, from October 1, 2019, to October 1, 2023. The bill also would adjust and increase annual ROP fees and create a new categorical fee structure. It was introduced on 9/17/19 and referred to the Committee of the Whole on 9/19/19.
      1. Bill Draft
      2. Bill Summary as Reported from Committee
  1. Great Lakes Environmental Remediation & Redevelopment Conference: The Great Lakes Environmental Remediation and Redevelopment Conference is designed to promote the sharing of knowledge surrounding key issues that confront environmental professionals every day. Five main tracks will engage attendees in topics such as remediation, emerging contaminants, program implementation and performance, redevelopment, and region-wide interest topics. Participants will learn about management methods, successful solutions, and best practices.
    1. Link to EGLE Event Page

Parking Lot:

  1. Update on Bottle Bills: Michigan Soft Drink Association is interested in making changes to the Michigan Bottle Deposit Law to address bottle deposit fraud. They are proposing legislation to make importation of deposit beverages without initiating the dime a crime, establish appropriate penalties, and direct further growth in the escheats fund to MSP for enforcement of the new law and to EGLE’s recycling infrastructure fund, allowing us to invest in recycling without any tax dollars. We believe this helps our manufacturing members stem at least $10 million in losses per year and has the opportunity to create more jobs in the recycling industry.
    1. Escheats Move
    2. Deposit Requirement
    3. Penalties
  1. Update on Pending Rules and Environmental Rules Review Committee (Dave Fielder, EGLE Regulatory Affairs):
    1. EGLE Rules Update Chart
    2. New Rule Promulgation Procedure
    3. Article on ERRC’s First Action
    4. ERRC Page
    5. Michigan Office of Administrative Hearings and Rules Page
    6. Environmental Permit Review Commission Page
  2. EGLE Releases New Mission, Vision and Values Statements: On August 12, 2019, EGLE published a press release announcing new mission, vision and values statements.
    1. Press Release
  1. Update on the DEQ/EGLE: While the original executive order reorganizing the department was rejected by the Legislature, a new version has been signed by the Governor. This new order, which the Legislature has another 60 days to consider; would again create the new Michigan Department of Environment, Great Lakes and Energy with an emphasis on clean water and combating climate change. But the edict still does not appear to define "environmental justice," a concern some Republicans had with the prior order. The new version eliminates the Environmental Science Advisory Board but retains the more powerful rules and permit review commissions — at least for now.
    1. Detroit News Article (8/14/19)
    2. Request for AG Opinion (2/6/19)
  1. PTI Timing: For a variety of reasons, the time to secure a Permit-to-Install has been extended. We would like to engage EGLE on ways that timing can be reduced. An MMA group met with EGLE AQD on April 16, 2019 to discuss opportunities for improvement.
    1. PTI Letter to EGLE
    2. PTI Process Tracking Steps
  1. EPA’s Interpretive Statement on Releases of Pollutants from Point Sources to Groundwater: On April 15, 2019, EPA issued an Interpretative Statement clarifying the application of Clean Water Act (CWA or the Act) permitting requirements to groundwater. EPA concluded that releases of pollutants to groundwater are categorically excluded from the Act’s permitting requirements because Congress explicitly left regulation of discharges to groundwater to the states and to EPA under other statutory authorities. The public comment period closed June 7, 2019. MMA has submitted comments (see below).
    1. EGLE Submitted Comments
    2. Interpretive Statement Memorandum
    3. Interpretive Statement Fact Sheet
    4. MMA Submitted Comments
  1. EPA’s Draft Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS: There is a 45-day comment period on the recommendation of a 40 ppt screening limit for PFOA and PFOS, individually and combined; for groundwater that is a current or potential source of drinking water and where no MCLs or Applicable or Relevant and Appropriate Requirements (ARARs) exist.
  2. EGLE Publishes Statewide Study of PFAS in water supply: The Michigan Department of Environment, Great Lakes and Energy has published the final report from the 2018 state-wide sampling of public, school and tribal water supplies for per- and polyfluoroalkyl substances (PFAS). EGLE oversaw the sampling of 1,114 public water systems, 461 schools that operate their own wells, and 17 tribal water systems. Test results show that 90 percent of these supplies showed no detection for any PFAS. Very low levels of PFAS below 10 parts per trillion (ppt) were detected in 7 percent of systems tested. PFAS levels between 10 and 70 ppt were detected in 3 percent of systems tested.
    1. Press Release
    2. Report
  1. ATSDR Draft Toxicological Profile for Lead: The ATSDR has released a draft toxicological profile for lead. The public comment period closed August 7, 2019.
  2. EGLE Mercury Variance (Water):
    1. DRAFT Mercury Variance Document
  1. Update on “contained-in” procedure (Jim Ferritto, EGLE MMD):
    1. DRAFT Contained-In Procedure
  1. EGLE Nonpoint source program plan update: EGLE has released the draft Nonpoint Source Program (NPS) Plan update for public review and is seeking comments through July 26. Section 319 of the federal Clean Water Act requires each state to develop an NPS Plan. The NPS Plan sets priorities and directions for the activities of Nonpoint Source Program (NPS) staff. Michigan is required to update the plan every five years.
    1. Press Release
    2. EGLE Nonpoint Source Web Page
  1. Bipartisan Water Bill Package Targets Lead in Drinking Water: A bipartisan package of bills (HB 4742-4750) were introduced on June 20, 2019 that would require testing of water for lead at veterans’ homes, testing and removal of lead for vulnerable population centers (schools, day cares, foster cares facilities, hospitals, nursing homes, colleges, universities, housing projects, etc); make MPART permanent with fairly broad duties, provide $3 million per year to the Geological Survey Division for PFAS groundwater surveys, establish new childhood lead poisoning and prevention and control commission appointed by Governor and commission to provide report by March 2020, new source of water supply mandatory testing before hook up and annual notice of lead service line disclosure by water supplier to property owners and landlord to tenant.
    1. HB 4742
    2. HB 4743 (companion bill SB 397)
    3. HB 4744 (companion bill SB 395)
    4. HB 4745 (companion bill SB 403)
    5. HB 4746 (companion bill SB 402)
    6. HB 4747 (companion bill SB 399)
    7. HB 4748 (companion bill SB 398)
    8. HB 4749 (companion bill SB 401)
    9. HB 4750 (companion bill SB 400)
  1. SB 365 (McCann): Senate Bill 365 would enhance oversight for environmental remediation, cleanups, and environmental protection. This bill was introduced and referred to the Committee on Environmental Quality on June 11, 2019.
  2. Governor Whitmer directed EGLE to file a request for rulemaking to establish PFAS drinking water standards: Discussion of MPART April 4 meeting. The meeting agenda includes presentations on health-based criteria for per- and polyfluoroalkyl substances (PFAS) in drinking water, the rulemaking process for establishing Maximum Contaminant Levels for PFAS in drinking water, and the creation of a Scientific Advisory Workgroup to recommend health-based criteria for the rulemaking process:
    1. Press Release (3/26/19)  
    2. MPART Meeting Schedule
    3. MPART MCL Process Meeting (4/4/19)
    1. PowerPoint Presentation by EGLE and DHHS
    2. MDHHS Report Public Health Drinking Water Screening Levels for PFAS (2/22/19)
    3. MPART Meetings Page
  1. Discussion on new legislation requiring cleanup to drinking water standard: Senate Bill 116 (Irwin) has been referred to the Committee on Environmental Quality. House Bill 4212 (Rabhi) has been referred to the Committee on Natural Resources and Outdoor Recreation.
    1. SB 116 (Irwin)
    2. HB 4212 (Rabhi)
  1. SB 60 (Chang)/ HB 4264 (T. Carter): Senate Bill 60 creates Air Quality Enforcement & Mitigation Fund (AQEM) with revenue from civil and administrative fines and penalties. Funds are to be distributed within “environmental protection communities” according to prescribed criteria. HB 4264, the companion bill, was introduced in the House.
  2. Update on Underground Storage Tank Rules: The revised UST rules were   promulgated November 14, 2018.
  3. Update on changes to MIOSHA’s Lead in the workplace regulations: MIOSHA blood level standard for lead in the workplace for both the Manufacturing and General Industry Standard and the Construction Industry have changed. The final rules have been promulgated.
    1. Construction.
    2. General Industry.

Contact Eleanor Surtman

Eleanor SurtmanGovernment Affairs Coordinator
Call 517-487-8552