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 Part 115 Implementation: Behind the Scenes
The Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Part 115), amendments passed in December 2022 and became effective on March 29, 2023. The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has been diligently working behind the scenes on implementation activities.
The Part 115 amendments are large updates to the statute and have required revisions to existing policy and procedures, the development of new outreach and education materials, along with training for internal and external stakeholders. The goal of these revisions is to promote a more efficient materials management system that will reduce waste and promote innovative reuse of materials to increase recycling, waste diversion, and material utilization.
The changes to Part 115 make the fundamental policy shift from focusing on disposal capacity for waste to viewing waste as a resource to be utilized to create a more integrated materials management system. Read on to learn more about EGLE’s implementation activities to date, how to continue to stay informed, and how to participate in upcoming training and outreach events.
EGLE Implementation Highlights
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A two-day EGLE solid waste staff training focused on the Part 115 amendments.
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Part 115 presentations at the Michigan Recycling Coalition (MRC) Conference on May 10-11, 2023.
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The Materials Management Planning Website has been updated with Part 115 outreach materials.
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Monthly meetings with planning stakeholders [Planning Workgroup (open to the public)] to develop outreach materials, discuss statute changes, and develop the new Materials Management Plan (MMP) format.
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Letters to the Boards of Commissioners sent on June 23, 2023, identifying preplanning items and giving notice that the MMP process will begin in the fall of 2023.
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Developing new Materials Management Planning (MMP) grant procedures.
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Working with program staff to develop online authorizations for programs and reporting for new Part 115 facility types (Solid Waste Processing and Transfer Facilities, Materials Recovery Facilities, Waste Diversion Facilities, and Anaerobic Digesters). The framework for notifications, registrations, and reporting will be utilizing one online platform (Re-TRAC), which will allow for greater consistency, easier access for the regulated community, counties, and regions to properly plan for capacity and set goals and increase efficiencies.
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Financial assurance documents have been updated and 16 new Landfill Care Fund documents have been created and are available online.
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Staff are developing an excel spreadsheet to calculate the solid waste disposal area cost estimates.
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Applications, licenses, permits, and instructions, including a new streamlined application form for Processing and Transfer Facilities, have all been updated, revised, and are available online.
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The MMD applied for and received over $500,000 in federal Solid Waste Infrastructure for Recycling funding for data collection, outreach, and implementation efforts.
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Staff have been reviewing the statute for clarity and addressing any issues or questions that arise, as well as developing a Frequently Asked Questions (FAQ) document that will be posted soon.
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The MMD is beginning the process to update the Part 115 Rules to reconcile the rules with changes in the statute, known as "conforming rules changes". An example of a conforming rules change would be updating the administrative rules for Processing and Transfer Facilities. Since they are now considered one facility type and currently have different sets of operational and other requirements specified in the rules, the rules will need to be reconciled.
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Implementation of the new landfill gas regulations are underway. Deadlines for submitting various workplans are upcoming, and landfills have been asked to provide their Gas Migration Plans for review. A letter was sent via email on March 22, 2023, to all Type II landfills, explaining the upcoming requirements, and EGLE continues to work with industry on implementation of the landfill gas regulations.
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Received stakeholder comments regarding draft general permits for Compost Facilities, Materials Recovery Facilities, Innovative Technology Facilities, and Anaerobic Digesters. EGLE will be responding to these comments and reengaging with stakeholders in October. The plan is to issue a public notice regarding the final general permits later this year. The notice will run for 90 days and make the general permits available for use in early 2024.
- Issued 31 solid waste licenses and permits in fiscal year (FY) 2022 and 42 solid waste licenses and permits in FY 2023.
Join Us for Upcoming Training Opportunities
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