Risk-Based Management of Groundwater Contamination in Michigan: An Analysis of Part 201 of the Natural Resources and Environmental Protection Act

Abstract

Restrictive management actions are used across the State of Michigan to address groundwater contamination; however, the long-term impacts of these management choices have not been fully assessed. The 2016 Michigan Water Strategy recommends developing a comprehensive groundwater management strategy to better protect Michigan’s valuable water resources, but the lack of understanding regarding long-term impacts of restrictive management actions poses a major barrier to developing an effective management strategy. Building a deeper understanding of the impacts of restrictive management actions was identified as a priority for cross-agency collaboration by the State of Michigan Interdepartmental Water Team, comprised of representatives from the Department of Environment, Great Lakes, and Energy (EGLE), Department of Natural Resources (DNR), Michigan Economic Development Corporation (MEDC), Department of Agriculture and Rural Development (MDARD), Department of Health and Human Services (MDHHS), and Department of Transportation (MDOT). An Interagency Long-Run Risk Working Group comprised of members of the Interdepartmental Water Team was created to develop a plan to address the issue. Through several months of meeting, the working group developed a draft plan to evaluate the long-term economic cost of the risk management strategy by comparing the actual costs incurred at current sites to the expected cost when the management action was selected. While the Interagency Long-Run Risk Working Group recognized the importance of evaluating the long-term economic costs of restrictive management actions, it became clear that the regulatory framework in place for implementing these actions must be understood. Without a full understanding of the regulatory framework, it would be difficult to offer recommendations for policy change if it is later determined that the current risk management approach requires modification. The Office of the Great Lakes developed an interim project team of three master’s students from the University of Michigan’s School for Environment and Sustainability to analyze Part 201 of Michigan’s Natural Resources and Environmental Protection Act (NREPA). Part 201 outlines the process for environmental remediation through use of restrictive management actions to mitigate risks associated with groundwater contamination. Other statutes, including NREPA Parts 1111 and 2132, also pertain to groundwater contamination and restrictive management actions. However, the processes for implementing restrictive management actions are more clearly defined under these statutes than for Part 201. Therefore, developing a better understanding of the Part 201 process, including its strengths and weaknesses, is critical to developing future recommendations and intervention strategies after the full economic analysis is completed. The project team conducted an analysis of NREPA Part 201, including amendments to the law between 1995 and 2015, while investigating other state statutes to identify key similarities or differences in their management of contaminated aquifers. Further, the project team conducted a spatial analysis of current land or resource use restrictions (LRURs, synonymously referred to as institutional controls) using geographic information systems (GIS) data and tools. Groundwater modeling protocols for projecting the fate and transport of groundwater contaminants were also investigated to identify ways to increase data availability and accessibility across the state. The project team also conducted in-person interviews with EGLE and DHHS staff to understand how Part 201 is implemented in practice and to identify any challenges associated with enforcing the statute. The project team then used this research to develop recommendations for enhancing the effectiveness of inter-agency collaboration to manage of groundwater contamination.