Rep. LaVoy offered the following concurrent resolution:
House Concurrent Resolution No. 21
A concurrent resolution to urge the Governor and the Michigan Department of Environmental Quality to not seek primacy over the regulation of injection wells associated with oil and gas production and the United States Environmental Protection Agency to deny any request from the state of Michigan for primacy.
Whereas, Primacy is an arrangement in which a state agency takes over the day-to-day responsibility for administering a federal program within the state, making the state agency, not the federal agency, the primary regulatory agency. An increased burden then falls upon the state agency to ensure proper administration of federal statutes and rules; and
Whereas, Safe, clean water is an essential and basic necessity for people and agriculture; and
Whereas, Nationwide, forty percent of drinking water from groundwater sources is drawn from karst aquifers. Karst aquifers may also be tapped to provide irrigation water for our nation's farms; and
Whereas, The United States Geological Survey has found that karst aquifers are extremely vulnerable to contamination. Fractures, fissures, and conduits in karst areas allow water to move quickly through these formations, relative to other rock formations, without natural filtering. Contamination originating from one point can move to another location miles away within a matter of days and weeks; and
Whereas, It is unsafe to permit deep injection wells used for permanent storage or disposal within karst areas. The unique nature of karst formations creates undue risk that toxic chemicals and wastes could unexpectedly and quickly move from the intended storage or disposal depth to contaminate water used for drinking and irrigation. Our freshwater resources are too valuable to place in jeopardy; and
Whereas, The Michigan Department of Environmental Quality (DEQ) has primacy over drinking water programs under the federal Safe Drinking Water Act and has shown its inability to handle responsibility for water quality in the city of Flint, illustrating a lack of efficacy and responsiveness; and
Whereas, It is irresponsible to increase the burden on an agency that has already shown an inability to comply with its current responsibilities; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Michigan Department of Environmental Quality to end its efforts for primacy over the regulation of Class II injection wells associated with oil and gas production under the federal Underground Injection Control Program and call on the Governor to not issue a letter requesting primacy; and be it further
Resolved, That we call on the United States Environmental Protection Agency to deny any request from the Michigan Department of Environmental Quality for primacy of the Underground Injection Control Program for Class II wells; and be it further
Resolved, That copies of this resolution be transmitted to the Governor of Michigan, the President of the United States, the Michigan Attorney General, the Director of the Michigan Department of Environmental Quality, the Administrator of the United States Environmental Protection Agency, and the Chairman of the Michigan House Standing Committee on Oversight and Ethics.