Science-backed legislation will protect Michigan’s water and other precious natural resources

A bipartisan bill introduced by state Representatives Gary Howell (R–North Branch) and Sarah Cambensy (D-Marquette) will correct a technical gap that was recently discovered in legislation passed in 2018 that was designed to protect the environment while implementing the Environmental Protection Agency’s coal ash rule.

The 2018 legislation is now Public Act 640. The current bill is House Bill 5496.

“The intent of the original legislation was to update Michigan’s program of strong management of coal ash to be consistent with EPA rules and allow the Department of Great Lakes and Environment (EGLE) to assume regulatory oversight of the federal program,” Howell said. “This legislation will allow us to continue the work that was done in 2018 to streamline compliance requirements, enhance reporting, and mitigate cost escalations to utility customers while minimizing risk to human health and the environment.”

“This is common-sense legislation,” Howell opined. “I remember clearly the strong level of bipartisan support that the original bill received, and I intend to work with my colleagues in achieving that same level of support in HB 5496.”

HB 5496 will do two things: 1) change the definition of “existing coal ash landfill” to match the Environmental Protection Agency Rule, and 2) change the definition of a “lateral expansion” of an existing coal ash landfill, again, to match the EPA Rule.

By changing these two definitions to conform to the EPA Rule, coal ash landfills will be able to continue operating consistent with state operating licenses and previous approvals.

“I am committed to protecting Michigan’s waterways from the ash waste generated by coal-burning plants,” Howell said. “We all have a responsibility to protect our natural resources for the next generation and those that follow.”

Testimony on House Bill 5496 will be heard in the House Committee on Natural Resources on March 3rd, where Rep. Howell serves as Chairman.