Tag: TCE

The Filthy Five: Michigan’s most notorious contamination sites

Published on September 18th, 2024 by - Blog Posts

Out of Michigan’s 24,000 Contaminated Sites, These Are Among the Most Notorious

Once upon a time, Michigan scientifically ranked our thousands of contamination sites by the hazard they represented to public health and the environment. Released annually, the list generated extensive publicity and legislative attention, resulting in significant appropriations for the cleanup of the worst sites.

In 1995, the state eliminated the annual ranking, in large part because the head of the agency resented the publicity and pressure. But while there is no annual ranking and public report, some sites are especially notorious because of both their hazard and their history.

The legacy these corporate polluters have left behind is especially important to consider as the Michigan legislature is likely to consider a package of Polluter Accountability bills later this year. The legislation would hold corporations responsible for cleaning up their own messes – rather than Michigan taxpayers.

Gelman Sciences – Washtenaw County

Source: Detroit Free Press

The Gelman Site is an area of groundwater contamination in Washtenaw County that includes portions of the City of Ann Arbor, and Scio Township. The groundwater is contaminated with the industrial solvent 1,4-dioxane (dioxane). The contamination plume encompasses a total area approximately 1 mile wide and 4 miles long. From 1966 until 1986, Gelman Sciences, Inc. manufactured medical filters using dioxane in the manufacturing process. In 1985, dioxane was discovered in residential drinking water wells in the area. Almost four decades later, the liable party and the state continue to haggle, with additional involvement by the County Court, local government, and active community members.

Packaging Corporation of America – Filer City (near Manistee)

Source: epa.gov

In 1949, Packaging Corporation of America switched to a new cooking process at this pulp mill, which produced much more contaminated wastewater. Waste from the cooking process depleted oxygen in Manistee Lake and resulted in a massive fish kill. From 1951 to 1976, the plant pumped seven billion gallons of wastewater resulting from use of a black pulping liquor into eight unlined seepage lagoons on 105 acres of land, resulting in an extensive plume of groundwater contamination. The plume initially flows under 1.5 square miles of industrially zoned land east of Manistee Lake.

Despite state studies confirming a discharge of at least a portion of the groundwater plume to the lake, and a high level of aquatic toxicity in the venting groundwater, U.S. EPA officially found no current or potential unacceptable risk to human health and the environment. The company is no longer being required to do more than monitor the plume.

Upper Peninsula Stamp Sands – Hubbell (in Houghton area)

Photo: Michigan Tech Archives

Copper mining activities in the area from the 1890s until 1969 produced mill tailings that were deposited along the Torch Lake shoreline. About 200 million tons of copper mill tailings were dumped into the lake. Stamp sands, tailings, and slags were deposited in the vicinity of former copper smelters, stamp mills, leach plants, reclamation plants and power plants. Extensive cleanup has taken place, but much more remains to be done.

Ott/Story/Cordova – Muskegon County

The Ott/Story/Cordova Superfund site has extensive soil and groundwater contamination resulting from waste disposal and chemical manufacturing practices in the 1950s through the 1980s. A pumping system extracts the contaminated groundwater, which is then treated and discharged to local surface waters. Court rulings have essentially created an obligation for the state (meaning taxpayers) to fund groundwater treatment and operations maintenance essentially in perpetuity –to the tune of millions of dollars per year.

Wickes Corporation – Mancelona

In 1986 Wickes disclosed that toxic Trichloroethylene (TCE) had been used at the site by a previous (and by then bankrupt) owner, Mt. Clemens Metal Products. EPA conducted groundwater testing and discovered extensive TCE contamination in groundwater and drinking water. It is now known that 13 trillion gallons of groundwater are contaminated by the use of chemicals at the site (by comparison, Grand Traverse Bay contains approximately 9 trillion gallons). This contamination has spread six miles to the northwest, affecting private drinking water wells. The state decided, in order to conserve limited public remediation funds, to support the development of a local drinking water authority and connecting homes to municipal water, rather than treat the contaminated water. Because of the ever-spreading groundwater plume, this “solution” has cost taxpayers over $27 million.

Michigan Legislature: Important environmental bills we’re tracking this fall

Published on August 2nd, 2024 by - Blog Posts

With the Michigan Legislature’s summer break almost over, and less than 100 days until the election, the focus of legislators on both sides of the aisle will shift to their hometown districts. The outcome of the November polls – where Democrats will strive to maintain their majority in the House and Senate, and Republicans will seek control of the House – will significantly shape the legislative landscape. In September, the legislature will hold several sessions to pass important bills and a possible supplemental budget – all of which will be influenced by the upcoming elections. Following the election is the so-called “lame-duck” session, which is an opportunity to pass legislation less unencumbered by electoral considerations.

As lawmakers gear up for the November lame-duck session, we at FLOW are keeping strategic focus on the following legislative efforts:

Polluter Pay Accountability

“Polluter Pay” is the common-sense idea that companies that contaminate our environment and water should be responsible for cleaning up their messes. Michigan had Polluter Pay laws on the books in the early 1990s, which were subsequently gutted by the business-coddling Republican Engler and Snyder administrations. Today, there are over 24,000 polluted sites in Michigan (11,000 of which are considered “orphan sites” without a responsible paying party), and 66,332 acres have land-use restrictions due to contamination.

A package of bills to bring back polluter accountability has been introduced in both the Senate and the House; however, none of the package bills have been scheduled for a hearing in either chamber. The House has referred House Bills (HBs) 5241-5247 to the Committee on Natural Resources, Environment, Tourism, and Outdoor Recreation, while the Senate has referred Senate Bills (SBs) 605-611 to the Committee on Energy and Environment. Due to the complexity of this package, concerns have been raised about the likelihood of passage in the fall.

There is widespread support among voters who no longer wish to foot the bill for the contamination created by corporations, but it has faced significant opposition from DOW, automotive, utility, and chemical industries, all of which will be impacted by these bills if they are to pass in the lame-duck session. Despite the questionable future of this package, we remain optimistically hopeful that we can clean up Michigan’s industrial legacy, and to promote lasting water stewardship and land management.

FLOW’s report, “Making Polluters Pay: How to Fix State Law and Policy to Protect Groundwater and Michigan Taxpayers,” offers a comprehensive overview of the background and evolution of “Polluter Pay” laws in Michigan.

Statewide Septic Code

House Bills (HBs) 4479 and 4480, along with Senate Bills (SBs) 299 and 300, have been introduced in both the Senate and House. HBs 4479 and 4480 have been referred to the Committee on Natural Resources, Environment, Tourism, and Outdoor Recreation. SBs 299 and 300 have been referred to the Committee on Energy and Environment. None of the bills have been scheduled for a hearing in either chamber. 

The purpose of this legislation is to initiate regular inspections and necessary maintenance for all 1.3 million septic systems in the state of Michigan. Additionally, the proposed legislation would establish an inspection registry, an accreditation process for inspectors, and a technical advisory group to provide guidance on septic system maintenance. Michigan – which lies at the heart of the Great Lakes – is the only state in the country without statewide septic standards.

FLOW has been working with a coalition of groups, including SEMCOG, the Michigan Municipal League, local government organizations, and the environmental community to propose solutions that reconcile conflicting opinions on the bill, create a path for its implementation, and address the urgent threat posed by failing septic systems to our lakes, rivers, and groundwater.  

Opposition to these bills comes mainly from local and regional Health Departments, which are concerned about insufficient resources and capacity to conduct inspections; and Realtors, who are worried about a time-of-sale inspection approach. To ensure the passage of these bills during the lame-duck session, it is crucial for every Democratic legislator to vote in favor, given the absence of support from Republican legislators.For more details, check out FLOW’s Policy Brief, “The Case for a Statewide Septic Code in Michigan.”

Stormwater Utilities

Senate Bill 660 was introduced in the fall of 2023 and subsequently referred to the Committee on Local Government. A hearing was held on June 4, 2024, but no vote was taken. This legislation would enable small and mid-sized communities in Michigan to legally establish stormwater utilities and secure a reliable funding source for this crucial infrastructure. The legislation, however, does not mandate any community to establish such stormwater utilities. 

A stormwater utility is a mechanism through which localities provide stormwater management infrastructure, funded by fees paid by property owners. Fees are based on the amount of impervious surfaces, such as parking lots and driveways, rather than property taxes. This allows all properties, including tax-exempt properties, to contribute to the fund.

By granting legal authority and allocating funding mechanisms to utilities, communities can effectively enhance their ability to construct more resilient stormwater management systems. FLOW and many other environmental advocates, such as the MI Water Environment Association, Great Lakes Water Authority, and the Michigan Municipal League, supported this legislation during the hearing. Although this bill is less controversial and local governments could choose whether and how to run a stormwater utility, it still has tough opposition from groups such as various Chamber of Commerce and Realtor Associations.  For more information, see FLOW’s policy brief, “Revolutionizing Stormwater Management through Stormwater Utilities and Green Infrastructure.”

Other items in the works: 

Trichloroethylene (TCE) – A forthcoming bill set to be introduced this fall aims to prohibit the manufacturing, usage, and distribution of trichloroethylene (TCE) in the state of Michigan. This legislation is designed after a federal initiative seeking to outlaw TCE, a hazardous chemical known to cause cancer and have serious non-cancer health effects.

Extended Producer Responsibility (EPR) and Plastics – Michigan currently has legislation on EPR for products including desktops, laptops, monitors, printers, tablets, and televisions. 

EPR is an environmental policy that holds producers responsible for a product’s entire lifecycle, from design to end of life. EPR policies encourage producers to consider environmental factors when designing products and packaging, and to make them more sustainable and recyclable. As of June 2024, five states in the U.S. have adopted EPR legislation, and other states are contemplating joining this movement to address plastics pollution and recycling. 

Lawmakers are now considering EPR legislation to assign financial responsibility to producers of product packaging. It is imperative for producers to actively engage and be part of the solution in addressing the plastic crisis. The primary objective will be to encourage manufacturers to adopt standardized packaging for improved recyclability, and to foster comprehensive improvements in the recycling industry. 

MI Public Water Trust Fund – FLOW developed this model legislation, the Michigan Public Water Trust Act (PDF), to bring the colliding crises of water extraction, failing infrastructure, and water affordability under a comprehensive legal framework, and to recalibrate Michigan’s priorities on protecting its water and its people. Michigan and the seven other Great Lakes states should pass this model legislation drafted by FLOW in order to:

  • Affirm public ownership over water,
  • Protect sensitive water resources,
  • Prohibit the sale of water, except for the sale of bottled water authorized by a royalty licensing system, and
  • Recoup for public purposes royalties derived from these bottled water sales.

This model law places royalties into a public water, health and justice trust fund to serve people and communities for specific dedicated public purposes, such as replacing lead service lines or creating water affordability plans for disadvantaged people or cities and rural communities.

Groundwater Threats: Michigan Should Act with Urgency to Pass a State Law to Control TCE

Published on July 26th, 2021 by - Blog Posts, News

Photo courtesy of the Ohio Department of Health.

Editor’s note: A version of this article first appeared in FLOW’s 2021 Report: Deep Threats to Our Sixth Great Lake: Spotlighting and Solving Michigan’s Groundwater Emergency. 

By Dave Dempsey

Dave Dempsey, Senior Advisor

The many chemical contaminants in Michigan’s groundwater, coupled with the lack of environmentally sustainable federal and state chemical policies, continue to put Michigan at risk. An example is trichloroethylene (TCE), a cancer-causing manufactured chemical that has contaminated groundwater at more than 300 locations in Michigan.

In 2020, Minnesota became the first state in the country to outlaw many remaining uses of TCE.

FLOW’s 2021 Deep Threats groundwater report

 Michigan should follow suit.

Commonly used as a solvent to remove grease from metal parts during manufacturing processes or to make additional chemicals, TCE has also been used to extract greases, oils, fats, waxes, and tars by the textile industry; in dry cleaning operations; and in consumer products such as adhesives, paint removers, stain removers, lubricants, paints, varnishes, pesticides, and cold metal cleaners.

TCE released into the environment can pollute soil, groundwater, and the air. TCE’s high mobility in soil often results in groundwater contamination. TCE is slow to degrade and time-consuming to mitigate when it contaminates soil and groundwater. When spilled on the ground, TCE can travel through soil and water and contaminate drinking water supplies, including public and private wells.

In 2020, Minnesota became the first state in the country to outlaw many remaining uses of TCE. Michigan should follow suit.

It can also evaporate. TCE vapors can enter buildings through cracks in the foundation, pipes, and sump and drain systems, thus contaminating indoor air. This phenomenon is known as vapor intrusion. At several Michigan locations where housing and office structures were built on contamination sites, TCE was left in soils rather than being excavated and removed, and has vaporized into these buildings through foundations and basements. In some cases, the Michigan Department of Environment, Great Lakes and Energy (EGLE) has temporarily evacuated occupants of the buildings because of the danger of air inhalation of TCE.

TCE has been characterized as carcinogenic to humans through all routes of exposure and poses a significant human health hazard. Exposure to large amounts of the chemical may lead to coma, nerve damage, or death. TCE is known to interfere with early life development and lead to developmental toxicity, immunotoxicity, and neurotoxicity. This chemical has also been linked to damage to eyesight, hearing, the liver, the kidney, balance, heartbeat, blood, nervous system, and respiratory system. 

In the workplace, exposure to TCE may cause scleroderma, a systemic autoimmune disease, and, in men, it has been observed to result in decreases to sex drive, sperm quality, and reproductive hormone levels. TCE has been linked to Parkinson’s disease. There is controversy over a decision made by the U.S. Environmental Protection Agency (EPA) during the Trump Administration to reverse findings that TCE exposure to human embryos causes heart defects.

Dumped in shallow, sandy pits decades ago, TCE has contaminated 13 trillion gallons of groundwater in Mancelona, Michigan, making the Wickes Manufacturing plume the largest TCE plume in the United States. By contrast, the entire Grand Traverse Bay contains about 10 trillion gallons of water.

The U.S. Food and Drug Administration in 1977 banned the use of TCE in food, cosmetic, and drug products in the United States. In Canada, TCE is no longer manufactured, and the Canadian Environmental Protection Act of 1999 is intended to significantly reduce the use and release of TCE as a solvent degreaser into the environment. Several other countries, including Sweden and Germany, have regulations to control the use, and subsequent risks, of TCE.

In November 2020 a U.S. EPA study found that 52 of 54 uses of TCE still permitted present unreasonable risk to worker and consumer health. The EPA has two years to finalize a rule to reduce the risks posed by the 52 uses.

State action also has a place in efforts to protect human health from TCE. On May 16, 2020, Minnesota became the first state in the U.S. to ban high-risk uses of TCE. In effect, beginning June 1, 2022, any facility that is required to have an air emissions permit by the Minnesota Pollution Control Agency may not use TCE.

This ban was enacted largely due to the work of the Neighborhood Concerned Citizens Group (NCCG) of White Bear Township, Minnesota, which sought the ban after the Water Gremlin, a local fishing sinker manufacturer, had admitted to leaking elevated levels of TCE for nearly 17 years.

Dumped in shallow, sandy pits decades ago, TCE has contaminated 13 trillion gallons of groundwater in Mancelona, Michigan, making the Wickes Manufacturing plume the largest TCE plume in the United States. By contrast, the entire Grand Traverse Bay contains about 10 trillion gallons of water. Taxpayers have spent more than $27 million to provide safe drinking water to Mancelona residents of  properties whose private wells have been contaminated by TCE.

Several case studies have been performed to analyze the effectiveness of TCE alternatives in the United States. One example is a Schick facility in Verona, Virginia, that manufactures a variety of steel blades and uses TCE in both cleaning and degreasing operations. The company made TCE elimination a priority. The resulting process modifications reduced occupational and public risk and resulted in an approximate cost reduction of $250,000 from reduced energy use and material and hazardous waste disposal costs. Several companies in Michigan have also made the switch to TCE-free degreasing products.

Given the uncertainty of federal policy, Michigan should not wait to take action to limit most TCE uses, just as Michigan did not wait for the EPA to set enforceable standards for toxic PFAS in drinking water. Because it has a paramount interest in protecting the health of its residents, Michigan should act with urgency to pass a state law to control TCE.