BREAKING: Line 5 Tunnel Law Unconstitutional - Now Shut Down Line 5!

Leaders of the Oil & Water Don't Mix campaign to protect the Great Lakes from oil pipelines praised actions by Gov. Whitmer today on Line 5 in response to an attorney general’s opinion and urged her to move quickly in decommissioning Enbridge’s troubled Line 5. Attorney General Dana Nessel’s comprehensive, detailed legal analysis requested by Gov. Whitmer concluded that in the lame-duck legislature’s haste to enact Public Act 359 during the closing days of the 2018 session it committed many fatal flaws when drafting the legislation. Attorney General Nessel also concluded related agreements for a Line 5 oil tunnel should be voided along with Public Act 359. In response, Gov. Whitmer issued an executive directive halting state agencies from moving forward on a proposed Enbridge Line 5 oil tunnel. “The backroom deals creating Enbridge’s proposed oil tunnel couldn’t survive public scrutiny and now we know they can’t survive the rule of law,” said Liz Kirkwood, Executive Director of FLOW (For Love of Water). “It’s time to focus on Michigan’s true energy future and protect Michigan’s Great Lakes and our economy from a Line 5 pipeline rupture. The path forward for Michigan is for Gov. Whitmer to immediately begin the process of decommissioning Line 5 in the Straits of Mackinac.” “By upending the Enbridge sweetheart deals struck by former Gov. Snyder, Attorney General Nessel is protecting Michigan from horrible agreements that only benefit Enbridge,” said Sean McBrearty, campaign coordinator for Oil & Water Don’t Mix. “The attorney general is rightfully wiping the legal slate clean and now Gov. Whitmer has the opportunity to put Michigan on a path that doesn’t lead to a disastrous outcome for the Great Lakes and Michigan. Her decision to halt all Line 5 activity is a significant and appropriate step forward and has our full support.” Help OWDM counter the media blitz that is sure to come from Enbridge Fund our new social media campaign to spread the truth about Line 5 GIVE NOW Previously Gov. Whitmer asked the Michigan Public Service Commission to focus on Michigan’s energy infrastructure and issue an initial report by July. As part of a plan to decommission Line 5, Gov. Whitmer should make sure that the public service commission includes a focus on the energy needs of Upper Peninsula residents. “Studies have shown that Line 5 is not critical energy infrastructure for Michigan, including the UP,” said Anne Woiwode, Chair of Sierra Club in Michigan. “The public service commission report can be an important tool to point the way to both short and longer term energy solutions for the UP, including alternatives to using Line 5 to transport natural gas liquids used to produce propane.” The Straits of Mackinac Alliance, a group challenging the state permits that allow Enbridge to add 200 anchor supports to buy more time for the 66-year-old Line 5 pipeline, which is well past its expected lifespan, said it is past time to pull the plug on Enbridge’s ticking time bomb. “The time for action by the governor is now,” said Leonard Page, vice chair of the alliance. “Initiating the legal process for decommissioning Line 5 must start immediately so we can finally eliminate this serious risk of an oil spill in the Great Lakes.” “The idea of building new fossil fuel infrastructure with a 99-year lease is nonsensical given the latest science bulletin about climate change,” saidBill Latka of TC350. “The IPCC, an international body of climate scientists, says that we have 11 years to reduce our fossil fuel use by 50 percent. Building a tunnel may not even be started in 11 years. It makes no sense.” Oil & Water Don't Mix looks forward to working with and encouraging Gov. Whitmer and her administration to take the swift action necessary to eliminate this threat to our Great Lakes and curtail Michigan's role as a conduit for climate-warming fossil fuels. David Holtz Oil & Water Don't Mix http://www.oilandwaterdontmix.org/ GIVE NOW Learn more about the Movement. Visit: www.oilandwaterdontmix.org Follow on Twitter and Facebook. Oil & Water Don't Mix 602 W Ionia St, Lansing, MI 48933, United States cleanwater@oilandwaterdontmix.org

 

Gov. Whitmer Signs Executive Directive Ordering State Departments and Agencies to Halt Action on PA 359

FOR IMMEDIATE RELEASE  

March 28, 2019 

Gov. Whitmer Signs Executive Directive Ordering State Departments and Agencies to Halt Action on PA 359 

Attorney General Nessel declares Mackinac Straits Corridor Authority law unconstitutional 

LANSING, Mich. -- Today after reviewing the opinion issued by Attorney General Nessel, Governor Whitmer signed an executive directive instructing state departments and agencies to halt any actions in furtherance of the Mackinac Straits Corridor Authority law, Public Act 359 of 2018.   

“I agree with the conclusion reached by Attorney General Nessel,” Whitmer said. “The Great Lakes are our most precious resource in Michigan, and because of their significance, I’ve instructed state departments and agencies to halt any actions in furtherance of this law.”  

Executive Directive 2019-13 directs state departments and autonomous agencies not to take any further action regarding Act 359 and to report to the governor’s legal counsel regarding actions taken since the bill was passed. 

This Executive Directive will be effective immediately upon filling.  

To view the full executive directive and Attorney General opinion, click the links below: 

• AG OPINION .pdf
• ED 2019-13 Public Act 359 of 2018 .pdf

PFAS affecting dairy in Maine and New Mexico

• The curious case of tainted milk from a Maine dairy farm
• State Urged To Prevent Exposure To Harmful Chemicals Found In Sewage Sludge
• Public health experts aim to stop spreading of sludge
• Groundwater contamination devastates New Mexico dairy — and threatens public health
• Clovis dairy’s well contamination has farmers across the Ogallala concerned

Michigan Chapter Update March 17, 2019 - Sierra Club Lobby Day April 17

Click here or on the image below to see the newsletter

MDEQ Response to Public Comments on Prairie View Dairy Expansion

Responsiveness Summary

Prairie View Dairy

National Pollutant Discharge Elimination System (NPDES)
NPDES PERMIT No. MIG010123

Below is a summary of comments received by the Michigan Department of Environmental Quality (DEQ), Water Resources Division (WRD), during the National Pollutant Discharge Elimination System (NPDES), public comment period from October 2, 2018 through November 1, 2018, relating to NPDES Permit No. MIG010293.  The purpose of the public notice period was to inform the public and take comments on revisions to the Comprehensive Nutrient Management Plan (CNMP) for Prairie View Dairy (MIG010123) under the NPDES General Permit (MIG010000) for Concentrated Animal Feeding Operations (CAFOs).

The NPDES General Permit for CAFOs was placed on public notice from December 19, 2014 to January 27, 2015; a public hearing was held January 21, 2015; the General Permit was issued in April 2015 and will expire and be reissued on April 1, 2020. The General Permit for CAFOs details requirements for waste storage structures, land application of manure, conservation practices, and inspection and reporting requirements.  A copy of the CAFO General Permit – 2015 can be found on the DEQ website at  www.mi.gov/cafo.

Prairie View Dairy applied to the DEQ to operate a CAFO on September 1, 2015.  The draft Certificate of Coverage (COC) was placed on public notice November 3, 2016 to November 18, 2016; no comments were received.  The COC for Prairie View Dairy was issued and made effective on November 22, 2016, and will expire on April 1, 2020, concurrent with the CAFO General Permit.  Prior to a decision regarding permit reissuance in 2020, the public will again have the opportunity to provide comments on the permit application and proposed permit. If new information becomes available that would require the facility to obtain coverage under an individual permit, the CAFO General Permit includes language under Part 1., Section 8 for this process to occur.  Prior to the General Permit expiring on April 1, 2020, the permittee must submit an application for reissuance.  At that time, the Department will use all information regarding the facility and its operations to determine if the facility can (1) seek continued authorization under the General Permit, or (2) if application for and coverage under an individual permit, will be required.

The public documents for this facility may be viewed at the DEQ MiWaters database located at https://miwaters.deq.state.mi.us/nsite/. At the top of this page, please click on the “Documents” tab. This will allow the reader to select, download and view the files.

The General Permit for CAFOs requires the submittal of an updated CNMP within 90 days of a “Significant Change” in the operation of a CAFO. Significant changes include, but are not limited to, any of the following:

1)        An increase in the number of animals that results in a greater than or equal to 10 percent increase in the volume of either the manure alone or the total CAFO waste generated per year as compared to the volumes identified in the application, as a cumulative total over the life of the COC.

2)      An increase in the number of animals that results in a decrease in the waste storage capacity time, as identified in the application, by 10 percent or greater, as a cumulative total over the life of the COC.

requires more land for its application than is available at the time of the increase.

4)        A decrease in the number of acres available for land application, where the CAFO waste generated requires more land for application than will be available after the decrease.

5)        The construction of a new animal housing facility or waste storage facility.

The Prairie View Dairy CAFO increased animal numbers such that there was a greater than

10 percent increase in the volume of manure generated per year.  In addition, the facility constructed an additional waste storage structure, thereby requiring the submittal of a CNMP revision.  Comments

submitted regarding the CNMP during the public notice period are in bold, and DEQ responses follow.

1.  Comment:  I would like for the community to be able to ask questions about the Prairie View

Dairy and request a public hearing.

Response:  Per Rule R323.2130, a public hearing may be requested to comment on an application for a state or national permit.  The submittal of an updated CNMP is a requirement of Prairie View Dairy’s NPDES permit. It is not an application for, or a modification of the permit.

The updated CNMP was placed on public notice for informational purposes.  Because there is not a permit application, a public hearing will not be held.

2.  Comment:  The facility has had numerous violations in the past, including land application of manure resulting in a discharge to Gilkey Lake in 2015.

Response:  The discharge from land application of manure resulted in an Administrative Consent Order (ACO) including applicable fines.  Other violations, most of which were from inadequate record-keeping and submittals, resulted in an enforcement response from the DEQ district staff. Compliance and enforcement actions taken against the facility by the DEQ can be found in MiWaters.

3.  Comment:  The roads are being adversely impacted by heavy farm machinery and trucks hauling manure.

Response:  As this is not addressed under the NPDES permit, please contact the Barry County Road Commission through their website at  https://www.barrycrc.org. This issue falls under the jurisdiction of the County Road Commission.

4.  Comment:  The trucks hauling manure spill it onto the roads.

Response:  As this is not addressed under the NPDES permit, please contact the local law enforcement for manure or other items in the road.  This falls under local law enforcement jurisdiction as a possible road hazard.

5.  Comment:  The odors are horrible, especially in the summer and become worse every year.

Response:  As odor issues are not addressed by the NPDES permit, please contact the Michigan

Department of Agriculture and Rural Development (MDARD), Right to Farm Program at

877-632-1783.  Odor complaints fall under MDARDs Right to Farm jurisdiction.

6.  Comment:  Prairie View Dairy CAFO poses a significant risk to Crooked Lake and other water bodies in this area based on its large storage volumes, minimal buffering area, and close vicinity to the lakes and close vicinity to the lakes and wetlands of high value for habitat and fishing.

maintained and operated to the Natural Resources Conservation Service Standard 313 Waste

Storage Facility (NRCS 313).  The structures must also have at least six months storage of production area waste.  The design requirements include reviews and verifications by professional engineers of site suitability for construction and to verify that the storage structures are constructed according to NRCS 313 Standards. In addition, the permit requires a 100-foot setback (or 35-foot vegetated buffer) of manure application from any surface waters of the state or a conduit to

surface waters of the state.

7.  Comment:  The Prairie View Dairy has violated their permit by producing approximately 5.4 million gallons of CAFO waste, constructing waste storage facilities, and expanding the herd size greater than the permit allows.

Response:  The NPDES permit does not limit animal numbers or the volume of manure produced at a CAFO. The permittee is not required to request permission to construct additional waste storage structures.  However, the permit does require that the permittee notify the Department

prior to construction of a waste storage structure.  Furthermore, the permittee is required to submit an updated CNMP within 90 days if they are constructing additional waste storage structures, or if

the manure volume exceeds 10 percent or more of the volume indicated in their most recent application.  In addition, the storage structures must be designed and built to the NRCS 313

Standards. The Prairie View Dairy facility did fail to submit a revised CNMP within the required time period, and therefore received a Violation Notice (VN).  An updated CNMP was received as a result of the VN.

8.  Comment:  Please take enforcement action by requiring this CAFO to reduce its herd back to the number of animals permitted.

Response:  The NPDES CAFO general permit, or State CAFO Rules and Regulations do not place a limit on the number of animals which may be housed at a CAFO facility.  The permittee is responsible for having sufficient waste storage capacity and land on which to apply or manifest (sell or give away) manure per NPDES permit requirements. The permit does not allow a

discharge to groundwaters of the state. If a CAFO facility increases to 5,000 animal units (for dairy cows, this is 3,500 mature cows), there are additional requirements placed on the facility to protect

groundwater.

9: Comment:  A sample of the discharge to West Gilkey Lake indicated elevated levels of some pollutants (phosphorus, suspended solids, turbidity).  Manure may contain pesticides, anti-bacterial, and hormones.  These pharmaceuticals may also contaminate groundwater and enter our drinking water supply.  West Gilkey Lake has been designated as a Priority Conservation Area in the Four-Township Water Resource’s Council Water Management Plan. Prairieville Creek receives groundwater inputs from water draining through many of the farm fields that receive manure from the Dairy.

Response:  As stated, samples of the discharge to West Gilkey Lake did indicate elevated levels of total phosphorus, suspended solids, and turbidity which resulted in a Violation Notice to Prairie View Dairy.  Currently, the Department does not sample for anti-bacterial compounds or hormones in surface water as there are no water quality standards for these parameters.  For additional information concerning residential drinking water wells, please contact your County Health Department. The permit does not allow a discharge to groundwaters.  Manure may not be applied to fields that are saturated to reduce the conduit to surface or groundwaters.

10:  Comment:  The land can only safely absorb a limited amount of waste spread over Prairie View's fields.  Once the contamination reaches adjacent land and wells, the damage is done.

Response:  The NPDES CAFO General Permit has specific requirements to provide manure analysis, soil tests, and crop uptake of nutrients. This information is then used to determine appropriate land application rates of manure, which limits the amount of manure and other fertilizers the land may receive.

11:  Comments:  Put increased monitoring in place to make certain Prairie View's waste management practices cannot threaten surrounding lakes and land.

Response:  The DEQ conducts surface water quality monitoring throughout the state. Water quality in Crooked Lake is currently not being collected by the DEQ, but the Department does accept annual requests for sampling. The DEQ also encourages local communities to participate in monitoring their local watersheds.  Both upper and lower Crooked Lakes in Barry County

participate in the volunteer Clean Lakes Monitoring Program.  Information on water quality in these lakes can be obtained from the following website:  https://www.michigan.gov/deq/0,4561,7-135-

3313_3681_3686_3731-195536--,00.html. In addition, the permit specifies the rate of manure

application based, in part, on current manure soil tests (and defines the level at which a field may no longer receive waste), nutrient analysis of CAFO waste, and the projected crop yield.

12.  Comment:  Violations relating to spreading manure during winter months when the practice was specifically prohibited by the DEQ restrictions.  My understanding is that restrictions were put in place after the violation of manure runoff and the DEQ prohibited spreading manure in the winter.

Response:  The current general permit allows spreading of manure on frozen or snow-covered ground if applied according to the Technical Standard for the Surface Application of Concentrated Animal Feeding Operations Waste on Frozen or Snow-Covered Ground Without Incorporation or Injection.  As a result of the discharge, the ACO placed specific field and land application requirements through May 1, 2018 for Prairie View Dairy.  This document, ACO-000298 may be located in MiWaters via  https://miwaters.deq.state.mi.us/nsite/ and using the following steps:

a)         enter “Prairie View Dairy in the Search bar;

b)         click on the facility name under “Results” menu;

c)         at the top, click on the “Documents” tab;

d)         check the box for “PVD Signed ACO.pdf”;

e)         click on the button at the top for “Download Selected”

13.  Comment:  Are they supposed to be plowing that waste under as they deposit it?

Response:  The NPDES permit requires manure be incorporated within 24 hours.  However, there are exceptions (per Part I.B.3.f of the permit) with specific conditions for other farming methods including the use of no-till farming, use of perennial crops for cover, or applications per the Technical Standard for the Surface Application of Concentrated Animal Feeding Operations Waste on Frozen or Snow-Covered Ground Without Incorporation or Injection.

14.  Comment:  We are concerned about the existing and the potential for high nitrate levels in drinking water wells.  Resident’s shallow wells, CAFO waste applications with excess nitrogen (as noted from the DEQ on 4/2/17), and limited fields available to spread waste with nitrogen, pose risks. What actions are being taken to monitor and address these issues?

Response:  The DEQ recognizes concerns of existing nitrates in drinking wells.  The general permit prohibits discharges from land application of CAFO waste to groundwaters of the state. In addition, the NPDES permit prohibits land application of CAFO waste on fields that are saturated; this prohibition is regardless of the cause for saturation, such as precipitation events or high-water tables.

To address concerns about over-application of nutrients, the DEQ staff conduct planned and unannounced inspections at CAFO production sites, on fields, and a records review at the facility. These inspections and findings are available to the public via the DEQ’s MiWaters database. In addition, annual reports are required to be submitted and are then reviewed by the district staff for application rates of manure and nutrients.  This was the approach used by the DEQ to observe and respond, with enforcement action, when the permittee over-applied nitrogen.

The facility still has fields on which manure with nitrogen may be land applied. The permit maintains limiting rates of nutrients applied.  On fields with a high level of phosphorus in the soil (> 150 ppm P), the application of manure is prohibited.  On fields with soil phosphorus concentrations at medium level (>75 ppm P and <150ppm P) or low level (<75 ppm P), the application is limited by the level of nitrogen the crop can take up; therefore, fields such as these may still receive manure applications in subsequent years.  In no circumstance may the

application rate exceed the nitrogen (N) fertilizer recommendation (removal value for legumes) for the first crop year grown after the CAFO waste is applied unless samples or other relevant data

shows additional N is needed for or will be beneficial to the crop.  Documentation justifying

additional N must be kept with the farm’s CNMP.

15.  Comment:  More of the farm fields are not tillable due to the high level of the groundwater around here.

Response:  The NPDES CAFO permit prohibits land application of manure at sites where the soils are saturated.

16   Comment:  The manifesting of manure can lead to problems with oversight as to where the manure ends up. The public is not protected when this happens, and the receiving field owners do not demonstrate their responsibility to the public good.

Response:  Rule 323.2196 of Part 21, Wastewater Discharge Permit of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, states that CAFO waste may be manifested (transferred, sold, or given away) to a recipient.  The NPDES permit requires that the generator (a CAFO owner or operator) maintain a manifest form to track information including but not limited to, the recipient’s address, the quantity of waste transferred, and the final destination of the waste; the nutrient content of the waste is also provided to the recipient to be used in determining the appropriate land application rates.  Although not under a permit, recipients of CAFO waste are still subject to the requirements and enforcement of the Part 31 Water Resources Protection rules so that discharges to waters of the state that violate water quality standards are prohibited and subject to enforcement actions.  Furthermore, the generator of CAFO waste may be informed that he may no longer provide production area waste to that recipient until the DEQ provides approval.

17.  Comment:  Has the DEQ prohibited Prairie View from manifesting waste since the

January 14, 2017 incident was discovered?  Was such a contract ever signed and filed with the DEQ?

Response:  After Prairie View Dairy manifested waste and failed to provide advance notification to the DEQ, the ACO included specific requirements, not a prohibition for the permittee to manifest waste.  The DEQ was able to work with the permittee to bring the CAFO facility into compliance. The contract mentioned was provided to the DEQ (dated January 27, 2017) and may be found in the MiWaters database.

18.  Comment:  Emergency Action Plan—An emergency action plan is required by Prairie View’s permit and was due May 22, 2016 but had not been submitted as of the date of Washburn’s letter.  This means the CAFO had been, at that point, operating without an emergency action plan for nearly two years and may still be.  The requirement for the plan was underscored by staff in the wake of the huge waste spill that occurred in 2015 that precipitated the need for the Consent Order.

Response:  An emergency action plan is not required by the NPDES CAFO permit.  However, the Emergency Action Plan which was required by the Administrative Consent Order has been submitted and can be viewed in MiWaters.