1. Public Policy Update from Warner, Norcross & Judd, LLC
A. Mercury, CAMR and MCATs for Utilities
In February, the D.C. Circuit Court issued its opinion in the case New Jersey et al. v EPA, which invalidated the U.S. EPA’s 2005 Clean Air Mercury Reduction (CAMR) rule. The impact was swift on new or proposed EGUs within the source category. The DEQ, along with permitting authorities in other states, quickly determined that units seeking construction permits were required to submit “case-by-case” MACTs under the authority of Section 112(g)(2)(b) of the Clean Air Act.
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2. MMA Says Mercury Rule is a Job-Killer
MMA has been arguing to policymakers that any mercury regulation should be implemented on the federal level. A proposed Michigan-based mercury rule would increase the costs of the federal rule from $907 million to $2.1 billion, creating a serious competitive disadvantage for Michigan.
3. MMA Objects to DEQ Mercury Report
MMA filed its response to the DEQ’s Mercury Strategy Staff Report at the end of April, challenging the report’s goal of eliminating the use and release of anthropogenic mercury and the presumed result of achieving unrestricted fish consumption.
4. DEQ Supplemental Budget Signed by Governor
Governor Granholm signed the DEQ supplemental budget into law in late April, delivering $11 million to the agency for the operation of environmental programs, freeing manufacturers from increased fees for the time being.
5. New Ozone Rule Chokes Economic Development
The new rule for ozone emissions levels issued by the EPA in March are expected to cost job providers roughly $8.8 billion a year and will put 32 Michigan counties into non-attainment status, crippling growth.
6. Senate Committee Starts Energy Policy Discussions
The Senate Energy Policy Committee officially began hearings at the end of April on the House’s long-term energy strategy, which MMA supports. MMA will remain at the table to advocate for manufacturers’ needs for reliability and affordability.
7. Water Legislation at the Confluence of the House and Senate
The House and Senate continue to try to find ways to agree on water use regulations. The Association hopes a compromise can be reached bit if not, we will push for the Great Lakes Compact — an agreement to protect Great Lakes waters from diversions — to be approved separately.
8. MMA Submits Comments on Particulate Matter
MMA submitted comments the Air Quality Division of the DEQ in early March indicating support for the proposed State Implementation Plan (SIP) for Fine Particulate Matter (PM 2.5).
9. MMA Promotes Manufacturers’ Efforts to Improve Air Quality
In recognition of “Air Quality Awareness Week,” the week of 4/28-5/2, MMA distributed a news release highlighting the industrial sector’s ongoing commitment to improving the quality of air in Michigan.
10. DEQ Issues Hydrogen Storage Rules
The DEQ issued new rules for the storage and handling of gaseous and liquefied hydrogen systems for industrial and commercial operations in late April.
11. MI Ranks First in Brownfield Grants
The U.S. EPA awarded 87 brownfield grants in mid-April. Michigan received nine of the 87 — more than any state in the nation — for a total of investment of $8 million.