The Michigan Department of Great Lakes and Energy (EGLE) recently finalized several amendments to two environmental protection regulations.  The rules affect businesses that generate hazardous waste as well as those subject to air emissions reporting. Hazardous Waste In July 2020, EGLE filed amendments to the administrative rules of the Hazardous Waste Management part of the Michigan’s Natural Resources and Environmental Protection Act.  Michigan has been authorized by the U.S. EPA to develop and run their own Hazardous Waste Program.  In order to maintain this federal authorization, the state was compelled to revise these rules. The amendments address:

• • • The federal generator improvement rule changes (81 FR 85732, November 28, 2016);
    • The federal export/import rule changes (81 FR 85696, November 28, 2016 and 82 FR 60894, December 26, 2017));
    • The federal e-manifesting rule changes (83 FR 420, January 3, 2018);
    • The 2018 court vacatur of the definition of solid waste rule changes (83 Federal Register (FR) 24664, May 30, 2018); and
    • The federal rule changes designating aerosol cans as universal waste (84 FR 67202, December 9, 2019).

The most extensive of these revisions are the generator improvement rule changes.  EPA finalized these rules at the federal level in November 2016.  Each state then began the process of adopting the rules, with Michigan completing the process in July 2020.  The changes restructured the generator rules to make it easier to determine the requirements that apply to each type of generator and include provisions for episodic events and large quantity generator consolidation of certain wastes. Air Emission Reporting Also in July, EGLE announced that the U.S. EPA has implemented new requirements for the Michigan Air Emissions Reporting Systems (MAERS) for the 2020 reporting year.  The agency is following the federal EPA’s lead in requiring more detailed information on the air pollution control equipment used at industrial facilities and how it limits emissions. Precise information will be especially important if processes have more than one control device in series or are associated with an activity where emissions are not evenly distributed between stacks. Key points include:

• • • Not all facilities are directly affected. Emitters the agency identifies as subject to these requirements will receive further information later this summer.
    • Additional details about the control devices must be provided including:
      • the order in which the devices appear in processes;
      • which pollutants are controlled; and
      • the percentage of emissions to each stack.
    • Collection of this new detailed information will start with normal MAERS reporting beginning in January 2021 and will be due March 15, 2021.
    • EGLE is currently updating their processes and systems to collect the new information.

  Contact Cornerstone Cornerstone’s environmental compliance experts are keeping a close eye on the regulatory requirements in Michigan.  Does your facility need an EH&S Consultant to keep you current on all the changes to environmental laws?  Contact us today at info@corner-enviro.com or (317) 733-2637