June 13, 2023
Honorable members of the Michigan State House of Representatives:
We heard further testimony today on the aggregate mining bills (House Bills 4527-4528) in the House Regulatory Reform Committee. Versions of these bills have been defeated during previous legislative sessions in part because of the serious threats they pose to air, water, and human health. (1) The undersigned organizations urge you to vote “no” both in committee and on the floor of the Michigan State House. Instead of a rushed vote during hectic budget negotiations, we request the proper time and stakeholder process required to protect public health and our natural resources from the consequences of aggregate mining.
The environmental community was excluded in the drafting of these bills, and as a result they do not provide adequate air and water quality protections for anyone living near aggregate mining operations. These bills may increase the threat of contamination from PFAS and 1,4 dioxane in groundwater by allowing mining near contaminated groundwater - this is what is happening in Metamora. (2) Furthermore, the purported need for these bills is based on a fraudulent MDOT study. (3) According to the United States Geological Survey we are currently one of the top producers of aggregate materials in the country. (4,5)
As currently written, these bills do not require groundwater testing before, during, or after aggregate mining. Without strong mandates for water testing it’s highly likely that the spreading of undocumented groundwater contamination will happen in other parts of the state. This puts public health at risk.
These bills do not require air quality monitoring of areas near homes, schools, and other locations of possible human exposure to carcinogenic silica dust. Fugitive silica dust from aggregate mining operations poses a potential serious health threat, and the air quality monitoring requirements allowed under part 55 of NREPA do not go far enough in protecting people from this highly toxic pollutant. There has also been no meaningful discussion of appropriate aggregate recycling policy, and that should be included in negotiations about this package going forward.
Organizations that score environmental votes will be scoring this floor vote.
Sincerely,
Elayne Elliott, Chapter Director, Sierra Club Michigan
Mary Brady-Enerson, Michigan Director, Clean Water Action
Conan Smith, President and CEO, Michigan Environmental Council
Mike Garfield, Director, Ecology Center
Rebecca Meuninck, Regional Executive Director, National Wildlife Federation
Nicholas Occhipinti, Government Affairs Director, Michigan League of Conservation Voters
1) Leblanc, Beth. (2023). Detroit News. Michigan legislation would shift gravel mine permitting to state. Retrieved from: https://www.mlive.com/news/2023/05/michigan-legislation-would-shift-gravel-mine-permitting-to-state.html
2) Goetz, Dylan. (2021). MLive. EPA to add nine wells to monitoring network at Metamora landfill superfund site. Retrieved from:https://www.mlive.com/news/flint/2021/07/epa-to-add-nine-wells-to-monitoring-network-at-metamora-landfill-superfund-site.html
3) Egan, Paul (2019). Detroit Free Press. Emails show MDOT allowed lobbyist to steer report on gravel shortage for roads. Retrieved from: https://www.freep.com/story/news/local/michigan/2019/06/06/michigan-gravel-shortage-mdot-report/1269110001/
4) United States Geological Survey (2022). Retrieved from: https://www.usgs.gov/centers/national-minerals-information-center/mineral-industry-michigan
5) Yanik, Kevin. (2023). Pit and Quarry. USGS Crushed stone flat and gravel down in 2022. Retrieved from: https://www.pitandquarry.com/usgs-crushed-stone-flat-sand-and-gravel-down-in-2022/#:~:text=The%20top%2010%2Dproducing%20sand,percent%20of%20the%20total%20output