have been retired and decommissioned for decades. Most sites have been sold and redeveloped,
with many sites having experienced multiple cycles of redevelopment. Under the proposed
amendment to Rule 460.2568a, the responsible entity could be required to retain and submit
volumes of records ranging from minor contractual-based conversations related to site access to
initial exploratory site observations that would do little to assist the state or public with efforts
leading to the approval of completed remediation.
To address these concerns, Consumers Energy recommends a change to proposed Rule
460.2568a that would appropriately limit the potential vast range of documents to those that will
support the agency-approved remediation. The Michigan Department of Environment, Great
Lakes, and Energy’s Part 201 Site Remediation program has been structured to reflect an
efficient submittal of information that identifies the state of the property prior to remediation
efforts, the delineation of any present contamination, the likelihood of any further migration,
remediation efforts that have been undertaken, and any restrictions that are necessary for future
uses of the land. These records would appropriately serve the Commission’s goals and provide a
thorough understanding of the affected site to the inquiring public, while avoiding the
uncertainty of the types of records that must be retained and the burden associated with being
required to retain and provide the potential large volume of records under the proposed amended
rule.
Consumers Energy recommends the following changes to the proposed amended
language in Rule 460.2568a:
The following mManufactured gas plant site records shall be from
an Environmental Protection Agency (EPA) or Michigan
Department of Environment, Great Lakes and Energy (EGLE)
remediation approval process shall be retained for a minimum of
10 years past Environmental Protection Agency (EPA) receipt of
approval of the completed remediation or 10 years after the final
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