M I C H I G A N N E W S

MISSION STATEMENT The Michigan Department of Environmental Quality promotes wise management of Michigan’s air, land, and water

resources to support a sustainable environment, healthy communities, and vibrant economy.

GUIDING PRINCIPLES Leaders in environmental stewardship | Partners in economic development | Providers of excellent customer service

Message from the Director

I am excited to introduce this first edition of the Michigan DEQ News. The DEQ will be publishing this newsletter quarterly to increase awareness and engagement with the public, stakeholders, and legislators. We will cover high priority issues, highlight important projects, and provide information about upcoming events.

Environmentally, Michigan is such a unique place. We border four of the five Great Lakes, have 20 percent of the world’s and 90 percent of the nation’s freshwater. We are home to 11,000 inland lakes, 36,000 miles of rivers, and over six million acres of wetlands. Our environment influences much of what we do as a state. DEQ programs and staff play an integral role in keeping Michigan a vibrant and safe place to live and visit. We work to protect these resources while assisting businesses and residents alike to minimize adverse environmental impacts and find creative solutions to support them in achieving their goals.

With so many environmental and public health related issues being faced by Michigan communities and residents, it is more important than ever to try to keep citizens informed. Along with our central office in Lansing, the DEQ has eight district offices that will continue leading outreach efforts to their communities and residents. Educating the public on what we do, why we do it, and how we can assist them is vital to having successful partnerships.

I look forward to forging new partnerships and strengthening our current ones to ensure that Michigan continues to thrive in a clean and safe environment.

Michigan Department of Environmental Quality Spring 2018

Budget Overview

The DEQ’s budget is currently over $500 million and supports a staff of 1,100 employees across the state, who

work avidly towards achieving the department’s mission of supporting a sustainable environment, healthy communities, and a vibrant economy. Each year the DEQ goes through an extensive budget development process.

The budget process for fiscal year 2019, which runs from October 1, 2018 through September 30, 2019, began in the fall of 2017 when the DEQ budget priorities were established and presented to the Governor. The Governor then presented his $56 billion statewide budget to the Legislature in February 2018.

The most significant piece of the proposed budget for the DEQ was the proposal to increase Michigan’s solid waste tipping fee, which is charged on all waste disposed in landfills. Recent legislation, Senate Bill 943, introduced by Senate Mike Nofs, R-Battle Creek, assists in supporting the Governor’s proposal by increasing the current fee of $0.36 per ton to $4.44 per ton. Michigan currently has the lowest tipping fee in the Great Lakes region. This proposal would generate $74 million annually to support:

• Remediation and redevelopment of existing and futurecontaminated sites– Allow for cleanup actions at 300 sites annually in all

83 counties.– Address emerging contaminant issues like PFAS and

vapor intrusion.

• Recycling grants to triple Michigan’s recycling rate– Provide recycling grants to local entities for recycling

infrastructure, market development and education

• Comprehensive waste management– Enhance solid waste planning for local governments.– Increase asbestos removal oversight for

blighted communities.

• Water quality monitoring– Monitor beaches to keep them clean.– Reduce phosphorus in Lake Erie.– Remove contamination in rivers, lakes, and streams.

Further, 94 percent of the proposed increase would be provided directly to local communities in the form of grants or contracted services. For the average household, it is expected that the average cost will be $4.44 per year.

It is also important to note that over one quarter of Michigan’s waste is imported from Canada and 13 surrounding states. With

“Michiganders deserve a smart and safe plan

to ensure the protection of our environment

and public health – today, tomorrow, and for

generations to come. This proposal implements

a comprehensive approach to cleaning up

contaminated sites while addressing best

practices for managing waste and recycling

efforts, taking us another step forward in

our work to build a stronger environmental

foundation for Michigan’s future.”

Governor Rick Snyder

this proposal, it is anticipated that annually $15 million will be paid by Canada and $4 million will be paid by the surrounding states.

While both the House of Representatives and the Senate have made preliminary recommendations without the tipping fee increase, the DEQ will continue to work closely with the Legislature, the Governor’s office, and its stakeholders to advocate for a sustainable funding model that will focus on the DEQ’s mission. The budget is expected to be completed in June 2018.

15% recycling rate Michigan’s recycling rate is one of the lowest in the

nation, resulting in $368 million worth of recyclable materials being put in Michigan landfills each year.

17 million tons of trash is disposed of each year in Michigan with

over 25% coming from other states or countries, in part due to Michigan’s low tipping fee.

3,000 known contaminated, abandoned sites throughout

Michigan need remediation. Without additional funding, these sites will not be addressed.

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Northern Region NESTLÉ PERMIT ISSUANCE Nestlé Waters North America, Inc. (Nestlé) submitted an application to the DEQ in July 2016, seeking approval to increase water production from an existing well located near Evart for the purpose of bottling it. The company proposed to increase its withdrawal to a continuous pumping rate of 400 gallons per minute (gpm).

In 2001, Nestlé registered baseline capacity of the well at 150 gpm. In April 2015, Nestlé was authorized for a 100 gpm increase (to 250 gpm) through the Water Withdrawal Assessment Tool (WWAT). The WWAT is a conservative screening model that is used to predict stream flow, stream flow depletions from pumping groundwater wells, and the potential effects of stream flow depletions on fish populations. Nestlé soon followed with another request for an additional increase of 150 gpm, which would allow Nestlé to increase the pumping capacity from the current 250 gpm to 400 gpm. The request was reviewed by the DEQ via a site-specific review in December 2015, as it did not pass the WWAT screening. The site-specific review examines additional available information to more accurately determine the likelihood that a proposed withdrawal would cause an adverse resource impact. After reviewing the information provided by Nestlé and additional information collected by DEQ personnel, the DEQ authorized the increase.

In addition to the withdrawal authorization, Nestle was also required to obtain an DEQ permit under Section 17, Bottled Drinking Water, of the Safe Drinking Water Act due to the proposed increase to 400 gpm (576,000 gallons per day [gpd]) triggering the requirement for a source review. Section 17, in effect since 2008, requires an application to be submitted and a permit to be obtained from the DEQ for a new or increased large quantity withdrawal of more than 200,000 gpd that is intended for the purposes of producing bottled water. As part of the permit application process, the DEQ evaluates the environmental, hydrological, and hydrogeological conditions that exist and the predicted effects of the intended withdrawal. This permit application was the first one received for this purpose since this legislation was enacted.

The DEQ made several requests for additional information and data to be supplied in order to complete their review. In addition, three government-to-government consultations between Michigan’s tribal nations and the DEQ were held, along with two technical review sessions with representatives of the tribes and technical staff of the DEQ.

On March 30, 2018, after extensive review of all submitted materials, internal evaluations, and considerable internal and external consultation, staff of the DEQ, the Michigan Department of Natural Resources, and the Department of Attorney General concluded that the proposed activity, with conditions, satisfies the requirements of Section 17 and all referenced statutes and recommended to the Director of the DEQ that the permit be issued.

The permit was issued on April 2, 2018. Nestlé now has to prepare a monitoring plan consistent with the requirements of the permit and submit it to the DEQ for consideration and approval. Once the monitoring plan is in place and baseline data is collected, Nestlé is authorized to begin withdrawing water at a rate up to 400 gpm from the well.

The public comment period for this application opened on September 19, 2016, and ended on April 21, 2017, running for a total of 214 days. During this time, the DEQ received more than 80,000 comments, along with 340,000 signatures via petition, and most expressed general concerns about water withdrawals, impacts on other waters of the state, and bottled water operations. The DEQ reviews all comments, however, the number of comments received is not one of the factors considered in permit decisions. For the permit application process, comments providing a legal or scientific justification for denying, altering, or approving the permit are considered based on the regulatory decision framework outlined in Section 17.

To view the permit or for more information and background, visit www.michigan.gov/deqnwna.

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REPUBLIC DAM In Marquette County, the Michigamme River flows through the small town of Republic, where a dam has been in place since 1871. For the majority of that time, the river was impounded to facilitate nearby iron ore mining activities. Mining in Republic was suspended in 1981 and permanently shuttered 15 years later.

Starting in 2012, the Republic Dam was leased by its new owner to local organizations who operated the structure to facilitate recreational boating and an annual fishing tournament in Republic. By 2015, concerns were being raised by riparian property owners, recreational kayakers and canoeists, and anglers downstream of the dam noting artificially diminished flows, boater stranding, and fish trapped in pools purportedly resulting from how the dam was being operated. DEQ staff conducted an investigation, noting improper dam operation and implemented an order that required the gates to remain fully open until a permit to operate the dam was obtained,

or until the dam was removed under permit. This order was temporarily stayed in 2017 to briefly let the dam to be operated, allowing the fishing tournament to occur.

Knowing that the Republic Dam is classified as having a “significant hazard” potential due to the amount of residential development that exists downstream and in response to the local importance to allow the fishing tournament to continue, DEQ initiated two meetings to further discuss a path forward for the dam. Stakeholders, legislators, local officials, and DEQ staff attended the meetings, which resulted in a revised permit application being submitted. Following the conclusion of the requisite public noticing of the revised permit application, the DEQ issued the final permit to the Michigamme River Basin Authority, dated April 12, 2018. It is valid for five years and allows for the gates to be replaced and then seasonally operated.

Republic Dam with gates closed

DEQ SPOTLIGHT: Annual Earth Day Celebration Each year, DEQ teams up with the Department of Agriculture and Rural Development and the Department of Natural Resources to host an annual Earth Day Celebration. 2018 was no different, and on April 19, over 1,000 students from all over the state gathered at Constitution Hall to support the conservation, protection, and enjoyment of our planet’s natural resources.

The fun-filled day consisted of 47 indoor and outdoor educational exhibits by state agencies and other organizations, six group performances including a drum line, a choir and multiple dance groups, and display of this year’s Earth Day posters.

The three agencies received creative and artistic poster entries from over 2,900 Michigan kindergarten through fifth grade students. 12 first and second place winners were selected based on those that best reflected Earth Day principles and all of this year’s winners attended the celebration and received their awards in front of their family, friends, other schools, and state legislators.

Earth Day participants get hands on experience with a Gray Rat Snake

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Central and Bay Region MID-MICHIGAN’S PINE RIVER RECEIVES GRANT TO MITIGATE POLLUTION Mid-Michigan’s 103-mile long Pine River is treasured for its majestic scenery, recreational opportunities, and natural and cultural history. However, concerns of degrading water quality due to excessive nutrients and E.coli led representatives from Alma College, the Healthy Pine River Group, and concerned residents to reach out to the DEQ for assistance. DEQ staff attended numerous community meetings and presented on topics including nonpoint source pollution, E.coli exceedances in the watershed, and funding opportunities to identify the sources and causes of impairments in the watershed.

One of these funding opportunities has resulted in a $141,670 grant to the Gratiot Conservation District for the development of an Upper Pine River Watershed Management Plan (WMP). The grant, awarded in January 2018, will be administered through the DEQ’s Water Resources Division’s (WRD) Nonpoint Source Unit which assists community partners in protecting and restoring Michigan’s lakes, rivers and streams from impacts of nonpoint source pollution. Nonpoint source pollution is caused when rain, snowmelt, or wind carry pollutants off the land into lakes, streams, wetlands, and other water bodies. There can be a variety of causes of nonpoint source pollution including failing on-site septic systems, agricultural runoff, and stream bank erosion. As part of the planning process, pollutants that are threatening or impairing the watershed will be identified.

CHEVY COMMONS PROJECT The Chevy Commons project is a 60 acre site located along the Flint River, near downtown Flint, that was formerly used by General Motors as an automobile manufacturing facility. The remediation project consists mainly of a soil cap to address direct contact issues and to improve water quality to the Flint River. This capping work is being conducted in phases and will be finished to include open grasslands, woodlands, and wetlands interlaced with trails that will link to the surrounding institutions, neighborhoods, and regional trails.

Significant collaboration between the DEQ, USEPA, City of Flint, Genesee County Parks, Genesee County Land bank, along with various consulting firms, has occurred in order to ensure the success of this project. The $8 million of funding spent to date has primarily been supplied through federal sources with the

This past summer, DEQ staff conducted E. coli and water quality monitoring to determine the health of portions of the Pine River. These results, along with watershed inventories (including stream surveys and computer modeling), will be used to help determine the sources and causes of impairments in the Upper Pine River Watershed. The WMP will prioritize recommended actions to address those issues identified. Once developed, the Upper Pine River WMP will be reviewed by the United State Environmental Protection Agency (USEPA) to ensure it meets both the State’s Clean Michigan Initiative and USEPA’s requirements. An approved WMP will allow eligible applicants to apply for state and federal funding to implement priority projects identified in the plan.

The DEQ strives to protect and restore aquatic ecosystems, monitor water resources, and create partnerships with communities to improve water stewardship. DEQ staff provide communities with technical assistance and grant funding to protect the watersheds of the state. Approximately $150 million across more than 700 grants since 1990 have aided in the restoration and protection of Michigan’s watersheds.

DEQ providing an additional $3 million for the Phase 4 capping project. Work on Phase 4 construction is currently slated to begin this May and wrap up later in the Fall.

Phase 4 Project Area

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West Region SHORELINE FLUCTUATIONS ALONG LAKE MICHIGAN The shoreline of Lake Michigan is known for its beauty which includes sandy beaches and adjoining vegetated and unvegetated sand bluffs. The areas extending landward of the shoreline are attractive for building summer or even permanent homes, however, water levels should be taken into consideration during the planning and building process as levels fluctuate significantly.

The United States Army Corps of Engineers (USACE) tracks the water levels daily and records them. The highest recorded level occurred in October 1986 and the lowest was in December of 2012; the difference between them is 6.2 feet. Between 1988 and 2013, the levels varied, but were typically below the long-term average. For various reasons related to weather, the situation changed in 2014, with the lake level beginning to trend upward. This trend continues in 2018. As of March 28, 2018, the recorded level was 1.47 feet above the long-term average, which is only 1.22 feet below the historical record high for the month of March.

Higher water levels help with navigation on Lake Michigan and into adjacent waterways. They also typically result in less beach areas and increased shoreline erosion. The WRD has seen a significant increase in permit applications for shoreline protection projects. Such projects can be both expensive and complicated. Construction of shore protection usually requires a permit from WRD as well as the USACE and depending on the type of project, the permitting process can take several months.

If property owners have questions about shoreline erosion or are considering construction of shoreline protection, please contact the WRD within your local DEQ office as soon as possible as they can offer assistance and guidance throughout this process. DEQ staff will also be able to connect you with the local USACE representative for your area.

PFAS CONTAMINATION IN KENT COUNTY Per- and polyfluoroalkyl substances (PFAS) are man-made has installed point of use filters in 153 homes and whole house chemicals that have recently been found in groundwater and treatment systems in 515 homes. surface water at locations throughout the state. As an emerging contaminant, there is still much to be learned about these The DEQ continues to oversee WWW’s efforts to determine the compounds. The DEQ recently developed a drinking water full extent of contamination in the area and to ultimately identify cleanup criterion of 70 parts per trillion (ppt) for two specific remediation options. The DEQ, Michigan Department of Health PFAS compounds, PFOA and PFOS, combined. This criterion and Human Services, and Kent County Health Department are mirrors the USEPA’s Drinking Water Health Advisory level. working together to ensure public health is protected. A website

dedicated to the PFAS issue in Belmont is located at www. One area affected by PFAS contamination is northern Kent michigan.gov/belmont. County where Wolverine Worldwide (WWW) historically disposed of PFAS-containing waste. The DEQ has overseen Governor Snyder appointed a task force, the Michigan PFAS response activities that include sampling of residential Action Response Team (MPART), in November 2017, to drinking wells, school water supplies, monitoring wells, and ensure coordination amongst state agencies to address the surface water bodies in the North Kent County area. Since April issue statewide. Additional resources can be found at www. 2017, over 1,550 drinking water wells have been sampled; of michigan.gov/pfasresponse. those, 101 have been found with PFOA/PFOS over 70 ppt. WWW

Photo taken in 2011 (Location: Lincoln Township, Berrien County)

Photo taken in 2017 with a new house constructed on this property after 2011. The width of beach “lost” is approx. 200 ft.

Page 5

Southeast Region ARBOR HILLS LANDFILL STAKEHOLDER OUTREACH AND ENGAGEMENT Arbor Hills Landfill is a 337-acre municipal, Type II solid waste landfill located in northeast Washtenaw County at 10690 W. Six Mile Road. The landfill is designed to receive household wastes, waste generated from construction and demolition, commercial and industrial waste, and non-hazardous processed waste. Methane gas is produced within the landfill as a by-product due to the decomposition of the waste. State and Federal regulations require Arbor Hills Landfill to install and operate a Gas Collection and Control System (GCCS). In recent years, residential development has resulted in closer proximity of homes and the landfill.

In January 2016, the DEQ began receiving odor complaints from residents living near the Arbor Hills Landfill. To date, the DEQ has received over 1,000 complaints from area residents. At the time, DEQ inspectors determined fugitive emissions of landfill gas to be the primary source of odors, and since, a plan has been put in place to address deficiencies in the GCCS. Implementation of

AMERICAN CENTER FOR MOBILIT Y GRAND OPENING

April 4, 2017, was the Grand Opening for the American Center for Mobility at Willow Run in Ypsilanti Township. The state-of-the-art center is anticipated to be a global hub for testing, education and product development for connected and autonomous vehicles.

The 335-acre site was historically used to manufacture B-24 bombers during World War II and later as a powertrain plant for General Motors. Multiple divisions from DEQ played an integral part returning the site to a useable state and co-managed the investigation and remediation with RACER Trust. To date, 10 million dollars have been spent, another 10 million dollars is planned for remediation construction and an estimated 15 million dollars will be spent on operations and maintenance for the next 80 years of operation. The redevelopment at Willow Run is a prime example of public-private collaboration and also of a project that embodies

this plan has resulted in significant improvements and a decrease in frequency of gas odor complaints. However, some odors from the landfill persist. Complaints indicating odors of trash, compost, and gas are ongoing. DEQ staff continue to respond to these complaints and evaluate regular odor observation reports.

The DEQ has implemented an innovative approach to help better inform and engage local citizens and interested parties:

• A website, www.michigan.gov/deqarborhills, was createdto house information the DEQ has about the landfill, suchas odor observations, violations, and corrective actions.

• Streamlined complaint reporting specific to Arbor HillsLandfill: DEQ Online Odor Complaint Form.

• More than 500 subscribers have already signed up forflash alerts that provide timely and pertinent updates:public.govdelivery.com/accounts/MIDEQ/subscriber/new

the DEQ Mission of supporting a sustainable environment, healthy communities, and vibrant economy.

Governor Rick Snyder and project partners at recent grand opening.

Page 6

Upcoming Events MAY

May 9, 2018 - Grand Rapids, MI Michigan Radon Workshop

May 15, 2018 - Roscommon VIAP Workshop

May 17, 2018 - Ann Arbor Air Permit to Install & Potential to Emit Workshops

JUNE

June 12-13, 2018 - Lansing Michigan Environmental Compliance Conference

AUGUST

August 8, 2018 - Lansing Air Permit to Install & Potential to Emit Workshops

SEPTEMBER

September 18, 2018 - Lansing 2018 Michigan Sustainability Conference

NOVEMBER

November 14, 2018 - Grand Rapids Air Permit to Install & Potential to Emit Workshops

For more information, visit: www.michigan.gov/deqevents

District Coordinators CADILLAC DISTRICT OFFICE Phil Roycraft, District Coordinator Phone: 989-370-4786 (cell) | Fax: 231-775-4050 roycraftp@michigan.gov

GRAND RAPIDS DISTRICT OFFICE Heidi Hollenbach, District Coordinator Phone: 616-540-1136 (cell) | Fax: 616-356-0202 hollenbachh@michigan.gov

JACKSON DISTRICT OFFICE Scott Miller, District Coordinator Phone: 517-416-5992 (cell) | Fax: 517-780-7855 millers@michigan.gov

KALAMAZOO DISTRICT OFFICE Kameron Jordan, District Coordinator Phone: 269-330-8381 (cell) | Fax: 269-567-9440 jordank@michigan.gov

LANSING DISTRICT OFFICE Dennis Eagle, District Coordinator Phone: 517-614-8544 (cell) | Fax: 517-241-3571 eagled@michigan.gov

SAGINAW BAY DISTRICT OFFICE Charlie Bauer, District Coordinator Phone: 989-439-3845 (cell) | Fax: 989-891-9237 bauerc@michigan.gov

SOUTHEAST MICHIGAN DISTRICT OFFICE Tracy Kecskemeti, District Coordinator Phone: 248-217-3080 (cell) | Fax: 586-753-3831 kecskemetit@michigan.gov

UPPER PENINSULA DISTRICT OFFICE Steve Casey, District Coordinator Phone: 906-235-5771 (cell) | Fax: 906-228-4940 caseys@michigan.gov

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04/2018

Environmental Pollution Emergencies can be reported at 800-292-4706