Old Tank Sites Subject to New DEQ Initiative

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The MDEQ is increasing its review of dormant but open leaking underground storage tank ("LUST") sites.  This informal initiative is designed to resolve site status at open LUST locations.  The MDEQ is requesting access to most open LUST sites to perform investigative work.  One risk, though, is that owners of such sites may be required to reimburse the MDEQ for this work. MDEQ requests access regardless of previous environmental reports showing no levels of contamination.  While the prior reports do not constitute a final closure of a LUST site, they may demonstrate that these old sites do not pose a threat.  Presumably, the MDEQ's effort will result in a reduction in the number of listed contaminated sites throughout … [Read more...]

Observations: MDEQ/DNR presentation on Oil and Gas production in Michigan

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Last night (April 30th) I attended a public presentation in Troy on oil and gas production in Michigan put on by the DEQ and DNR. The presenters were Tom Hoane from the MDNR's Mineral Management Division and Harold Fitch, DEQ's Supervisor of Wells. Although the agencies tried to make it a general discussion on oil and gas, the presentation and most of the questions from the audience focused on the controversial topic of fracking….and it was clear the local police and the agencies were prepared for potential trouble as there were six conservation officers and three police cruisers in the parking lot.  (A clear difference from other DNR/DEQ presentations I've attended in the past!) Despite the controversial topic, decorum was maintained … [Read more...]

EMERGENCY FINANCIAL MANAGER CAN IMPACT BROWNFIELD PLANS

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In our May 24, 2012 blog entry, we cautioned that Brownfield plans and related agreements may be in jeopardy.  Under the Local Governmental and School District Fiscal Accountability Act, MCL §141.1501, et seq. (the "Act"), an Emergency Financial Manager ("EFM") may be appointed to resolve a government's financial situation.  An EFM may "make, approve, or disapprove" any contract or "reject, modify or terminate" any terms or conditions of existing contracts under the Act.  This means that an EFM could terminate any Brownfield Plan and related agreement. Tax increment financing ("TIF") is used by many owners of property to finance previously incurred eligible environmental costs.  In essence, TIF uses increased tax revenue to … [Read more...]

NHTSA: Electric Cars Need To Be Noisier.

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On Monday, the National Highway Traffic Safety Administration (NHTSA) proposed a rule that would require electric vehicles to be noisier. Apparently what 99% of the populace would probably consider to be one of the primary benefits of electric vehicles is considered a dangerous condition by the Feds. According to NHTSA the reason the rule is necessary is because some studies have shown that during "low-speed maneuvers" an electric vehicle is 1.38 more times likely than a normal combustion engine to be involved in a collision with a pedestrian and 1.33 times more likely to be involved in a collision with a cyclist. Further, if the rule is implemented, NHTSA claims that it will result in 2,800 fewer injuries (not each year mind-you) over … [Read more...]

Is It Clean? – Michigan Certificates of Completion and No Further Action Letters

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On December 22, 2012 Governor Snyder signed Senate Bill 1328 which became effective on December 27, 2012.  The Bill amended portions of Part 201 of Michigan's Natural Resources and Environmental Protection Act.  Among the interesting amendments to Michigan's Part 201's Clean-Up Program is the inclusion of a new procedural mechanism for obtaining an acknowledgement from the MDEQ that the remediation undertaken was completed and it was done in accordance with Part 201. A party undertaking a remediation can now make a formal request for a "Certificate of Completion" to the MDEQ.  The applicant would complete a form, which is to be prepared by the MDEQ and will be made available on the MDEQ's website.  The MDEQ can either grant the … [Read more...]

NEW MDEQ DATABASE – RECORDED RESTRICTIVE COVENANTS

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The Michigan Department of  Environmental Quality (MDEQ) Remediation Division in conjunction with the recommendations from the Collaborative Stakeholders Initiative (CSI) have undertaken a mapping program for plotting all the recorded land use and resource use restrictions. In conjunction with remediation projects, many property owners are recording Restrictive Covenants which set forth limitation on the future use of the property.  Pursuant to MCL 324.20114(c), a copy of the recorded Restrictive Covenant that is part of a post-closure plan or an MDEQ approved remediation must be filed with the MDEQ. Provisions of the Restrictive Covenant may include limitations on future use such as installation of drinking water wells, testing of … [Read more...]

Justice Department Appeals Ruling On EPA’s Final Mine Waste Guidance

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The EPA has been dealt yet another blow to its process of handling surface mining permits.  In National Mining Association v. Jackson, the U.S. District Court for the District of Columbia found that the EPA exceeded its statutory authority under the Clean Water Act (CWA) and the Surface Mining Control and Reclamation Act (SMCRA) by promulgating de-facto rules outside of the formal rulemaking process. The SMCRA, which was enacted in response to concerns with strip mining, sets minimum federal standards for regulating coal mining, and was enacted to ensure that land could be reclaimed after surface mining. Coal mine operators are required to comply with strict performance standards, permitting conditions, inspection requirements, and … [Read more...]

Great Lakes Water Quality Agreement 2012

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In 1972, United States and Canada signed the first Great Lakes Water Quality Agreement (GLWQA).  In September 7, 2013, forty years later GLWQA-4, was signed by Canada and the United States. This new Agreement places an emphasis on studying aquatic ecology to develop solutions to problems of aquatic invasive species and habitat protection.  The Agreement also comments on the impact climate change has on the Great Lakes. Some environmental activists are critical of the GLWQA-4 as being a belated recognition of climate change, that is too soft on detailing the impact of climate change on the hydrogeology of Great Lakes.  They believe GLWQA-4 fails to contain sufficient remedial measures and lacks specific goals to combat changing … [Read more...]

Great Lakes Week – Cleveland

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Unlike other parts of the country (or the world for that matter), people living in and around the Great Lakes are very cognizant of both the unique benefits the Great Lakes bring them such as jobs, beauty, cooler temperatures, and recreation as well as all of the potential issues impacting this unique resource. Issues like Asian carp, zebra mussels, quagga mussels, gobies, lampreys, lake levels, water temperature, ice cover, and water withdrawals are always on the region’s radar.  With the Great Lakes Week Conference in Cleveland this week and the Presidential campaigns, these issues are especially at the forefront. You can get more information on the Conference at glweek.org and PBS is live-streaming certain sessions via the website at … [Read more...]

Vapor Intrusion Assessment – An Overview

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Introduction Redevelopment of contaminated land and land adjacent to contaminated sites can be a relatively straightforward process when you work with a good environmental consultant that understands the special risks and concerns a developer faces.  However, there is one issue that can get any consultant tied up in knots because of the increasing attention given to it by regulators: vapor intrusion. What's the Concern? Vapor intrusion occurs when certain types of contaminants in the soil or groundwater evaporate (volatilize) and migrate through spaces in the soil into occupied spaces within a building on the property.  The type of contaminants that tend to evaporate are called volatile organic compounds (VOCs) and include … [Read more...]