Michigan Department of Environment, Great Lakes, and Energy #83

Department Authority and Responsibility

We support the current statute in Part 31 of the Natural Resources and Environmental Protection Act (NREPA) that prohibits the Michigan Department of Environment, Great Lakes, and Energy (EGLE) from promulgating (creating or changing) rules under this part. If EGLE is granted rulemaking authority, we support requiring enhanced legislative oversight of the rulemaking process to minimize economic impacts to the regulated community.

Farmers who violate state environmental law are under the jurisdiction of EGLE. While most farms put forth a considerable effort and are environmentally safe, we recognize that environmental challenges can still arise.

State regulations and standards enforced by EGLE should not be more restrictive than federal standards.

In addition to providing pollution prevention programs for farms, the Michigan Department of Agriculture and Rural Development (MDARD) should have an increased role in providing regulatory certainty to Michigan agriculture.

We support:

• Timely, effective and consistent enforcement of environmental laws and issuance of permits.
• Standards for dam management, maintenance, and purchases in cooperation with federal agencies.
• Applying peer-reviewed science and performing economic impact analysis to EGLE rules and standards prior to promulgation.
• Maximum use of Natural Resources Conservation Service standards within EGLE regulations.
• Appropriate timelines for producer implementation of regulations.
• Developing a third-party arbitration process for disputes between EGLE and a farmer.
• EGLE being responsible to pay legal fees incurred by the respondent from a wrongful enforcement action if the enforcement action is settled, a consent agreement is reached, or the action is decided in the respondent’s favor.
• Reestablishing the EGLE Environmental Permit Review Commission.
• A farm’s ability to move portable toilets within and between their farms.
• Requiring EGLE to notify local law enforcement and authorities before any actions are taken against farms. 
• Individuals who lodge complaints with EGLE against farms being required to provide their name for public record. If an individual makes more than three unverified complaints within three years, that individual must pay for the complaint investigation. 

Nutrients and Manure Management

We support:

• The continued ability for farms of any size to manifest, move or sell animal nutrients from their farm to another farm or owner. We will vigorously oppose any attempts to limit or eliminate the ability of agriculture to utilize animal nutrients when they are being utilized according to nutrient requirements and at agronomic rates.
• The continuation of manure application to frozen or snow-covered ground in accordance with the Manure Management and Utilization Generally Accepted Agricultural and Management Practices (GAAMPs). We will vigorously oppose any attempt to eliminate the practice.
• The continued practice of broadcasting and injecting nutrients, including manure, in accordance with best practices identified in the Nutrient Utilization GAAMP.
• Allowing the application of animal nutrients to non-frozen, non-snow-covered ground any time during the year, regardless of type or size of farm operation.
• EGLE accepting third-party determinations that an existing manure storage structure is functioning properly for regulatory purposes.
• Regulatory recognition of the influence of extreme weather (e.g., rainfall, snow melt) on farming practices.

Processing Wastewater and Groundwater Regulation

We support:

• MFB proactively working with EGLE to seek solutions that support changes to the regulatory requirement that allow ag processors to land apply wastewater without permitting under a specifically defined set of circumstances.
• MDARD working with EGLE to implement a threshold below which no Groundwater Discharge permit or testing is required for agricultural processing discharge.
• MDARD assisting EGLE to determine appropriate treatment of all types of agricultural processing wastewater that generate high-strength wastewater that has nutrients useful for land application.
• MFB continuing to work with EGLE on development of a general permit specific to slaughterhouses that permits land application of process wastewater without advance treatment.
• Allowing septic haulers licensed under Part 117 of NREPA to also haul agricultural and food processing wastewater and not requiring them to be licensed as industrial haulers under NREPA Part 121.

National Pollutant Discharge Elimination System (NPDES)

We support:

• Legislative or administrative changes requiring a formal committee of appropriate stakeholders to be involved in all permit developments and rewrites so that input is balanced. All NPDES writing or rewrite committees should be chaired by an unbiased third-party individual.
• An evaluation of Michigan’s NPDES permitting process, with changes that provide long-term certainty for the agriculture industry and prevent shifts in policy with each new state administration. We support a study committee by MFB to establish this evaluation and make recommendations.
• Amending state laws to more clearly define EGLE’s regulatory authority under NPDES permits and where they have no authority, especially animal health which falls under the authority of the Animal Industry Act and wildlife, which falls under the authority of the state veterinarian or the Michigan Department of Natural Resources.
• Amending or repealing Part 17 of NREPA to prevent predatory litigation by special interests to penalize farmers operating under legitimate permits issued by EGLE.
• Timely issuance of NPDES permits, in accordance with state and federal rules.
• Reduced permit paperwork requirements and an increased focus on performance with minimized costs to permitted farms.
• Encouraging permitted farms to become verified in the Michigan Agriculture Environmental Assurance Program by providing incentives like limiting annual reporting requirements.
• Application of permit standards in force at the time of permit application.
• An appropriate phase-in period for any change in permit requirements.
• Implementation of permit requirements with scientifically verifiable standards as provided in administrative rules.
• EGLE adopting Environmental Protection Agency aquaculture effluent guidelines and promoting feed-based Best Management Practices discharge standards.
• Developing a general permit for aquaculture for up to 200,000 pounds of production.

We oppose:

• EGLE implementing rules and policies that exceed their federal mandate and are not supported by scientific evidence.  
• Classification of manure, sand, accidental commodity spillage, and ag processing by-products as hazardous waste.
• Taxation or fees assessed on the nutrient content of manure.
• Public access to agricultural information on the MiEnviro Portal online permitting database.
• Arbitrary moratoriums affecting the growth of animal agriculture, including limits on animal expansion and storage structure size.
• Reducing the number of livestock that triggers the requirement for an NPDES permit.
• Well setback distances from agriculture practices greater than 75 feet, as listed in the Grade A Dairy Law.
• The harassment of farmers adhering to the state’s pollution prevention programs for agriculture.