LANSING – The air pollution rules headed for likely final approval will not see the drastic changes in handling of toxic and potentially toxic chemicals the Michigan Department of Environmental Quality had originally proposed.
The final version of the rules approved by the department have some additional exemptions from air toxics permitting but still generally require permitting of any chemical that has not been shown to be harmless, Air Quality Division Chief Lynn Fiedler said.
“We elected to stay with what we have had with our rules … to make sure we’re protective of public health,” Ms. Fiedler said of the proposed rules.
A stakeholder workgroup developed the more restrictive version of the rules that had been circulated for public comment, and she said the department rejected much of that version based on the comments collected.
Fiedler said the water crisis in Flint, and the resulting fallout for the DEQ, had not played into the changes in the proposed rules.
Among the criticisms of the department over the actions in Flint was they were aimed more at ensuring compliance than at protecting the public health.
The rules as proposed would include some additional exemptions from permitting. “We provided the exemptions … so it’s clear to industry sources as well as the public what requires a permit and what doesn’t,” she said.
The rules also add a public comment period for any new screening levels created.
The Michigan Environmental Council, which had opposed the rules as they were sent to public comment, hailed the changes.
“The DEQ’s decision to continue regulating these chemicals is consistent with the best available science on the health risks of exposure to toxic substances, and it’s the right decision for Michigan residents,” James Clift, MEC policy director, said. “We hope this is a sign that the department is putting its focus back where it belongs, on protecting Michigan’s environment and the health of people who live here.”
Clift told Gongwer News Service that some of the changes improve the rules.
“They allow someone to convert an industrial boiler to clean energy, to natural gas, to make that easier,” he said.
And though he had not had confirmation from any DEQ staff, Clift said it was likely that the Flint issue played a role in the change.
“You can’t ignore the optics of everything that happened out there,” he said. “Would they have fallen this way anyway? That’s possible.”
He said the new director also might have played a role in the change in staff position on the rules. Interim Director Keith Creagh succeeded Dan Wyant, who resigned at Governor Rick Snyder request because of the Flint water crisis.
Andy Such with the Michigan Manufacturers Association said his group had pushed for and supported the earlier proposed changes but had not yet reviewed the latest draft.
“We’re not real happy with it,” Such said of changing back to the current list of regulated toxics.
But he said the group is not necessarily opposed to the changes. “There are some things we wanted that are still there,” he said of his understanding of the department’s final draft.
Such said the goal of the original rule revisions had been to boost manufacturing in the state.
“We just think Michigan should be competitive with other states and most other states around us have 300 (chemicals on their toxics list),” he said. “Ours is 1,200.”
And Such said he had not talked with department staff but had no indications that anything other than public comment, which he said was extensive, played into the department’s decision to change the rules back.
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