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The Polluter Rulebook
In 2006—nearly two decades ago—15 simple words put a firm stop in future protections Michigan could enact to keep pollution out of our beloved waters. These critical words were added to Part 31 of the Natural Resources and Environmental Protection Act and prevent our Department of Environment, Great Lakes, and Energy (EGLE) from advancing protections.
But the world around us has continued to change since 2006. Algal blooms are increasing across our Great Lakes; new, dangerous chemicals are leeching into our groundwater; and we are making technology advancements to detect E. coli on beaches. Of course, we can’t address these changes unless we take a red pen to those 15 pesky words and create a new rulebook for polluters to follow.
part I
Permission to Pollute
Chemicals containing PFAS are not subject to the same restrictions as other pollutants. EGLE is unable set rules for industry requiring their proper storage, plans to prevent their pollution and reporting of any accidental spills. Other newly discovered chemicals share the same fate.
Bioaccumulative Chemicals of Concern (BCCs)—such as PCBs and mercury— enter our lakes and streams and accumulating in the local fish we eat. EGLE is unable to add more dangerous chemicals to the BCC list, even as new substances come under investigation and scientific knowledge advances.
Michigan cannot set limits on the pollutants that cause toxic algal blooms in our waters. That’s despite us having the science and federal government’s recommendation to do so. Instead, nutrients from manure like nitrogen and phosphorus can enter lakes and streams without limit.
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How 15 words have kept Michigan stuck in 2006
The mid-2000s were a longer time ago than we think. And yet, this is the era Michigan is stuck in when it comes to protecting our people and communities from water pollution.
Let’s dive into the 15 words that changed it all.
listen
Permission to pollute
In Episode 2, of our Common Groundwater podcast Christy McGillivray of the Sierra Club Michigan Chapter tells us how one governor began a domino effect of gutted environmental protections that we're now building back with force.
read
One polluter panel down, one to go
A long-standing clog in Michigan’s environmental bureaucracy has been plunged after years of opposition. It’s the first domino to fall in the ongoing fight to give EGLE its bite back.
part II
Red Pen
In 2004 Michigan legislators added 15 words to a 22,000-word law called Part 31, which in turn is part of the almost unfathomably massive Natural Resources and Environmental Protect Act that gives the Michigan Department of Environment, Great Lakes and Energy (EGLE) much of its water protection powers. Those 15 words: “The department shall not promulgate any additional rules under this part after December 31, 2006.” To give EGLE its power back, we must undo the laws that have made it somewhat toothless.
READ
Michigan Senate votes to unlock pollution rules
A sentence has kept the state’s water pollution laws frozen in 2006. No new updates. Legislation by Sen. Sue Shink (D-Ann Arbor) takes a red pen to it.
Striking those 15 words would empower EGLE to:
Address algal blooms by
establishing strong standards for phosphorus and nitrogen pollution in our water. These nutrients provide the fuel that promotes the rapid growth of Harmful Algal Blooms.
Protect Michiganders by
adopting standards that update technology to aid local health departments in issuing beach closure decisions more quickly when E. Coli levels are at action levels.
Prevent PFAS & PFOA pollution by
holding chemicals containing PFAS and PFOA are subject to the same restrictions as other pollutants to ensure proper storage, pollution incident prevention plans and required reporting of accidental releases.
Do you have a question about Part 31 or protecting Michigan’s water?
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