Legislation

Main environmental regulations

What are the main statutes and regulations relating to the environment in your state?

Michigan Constitution (1963), Article IV, Section 52 establishes that the conservation and development of natural resources is a ‘paramount public concern in the interest of the health, safety and general welfare.’ It requires the legislature to provide for the protection of air, water, and other natural resources from pollution, impairment and destruction.

Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994 (MCL Chapter 324) is Michigan’s core environmental statute, encompassing numerous parts addressing specific media, activities, and resources. Key parts include:

Enforcement under NREPA includes:

  • Civil enforcement authorised in several parts, such as:
    • Part 115, MCL section 324.11546, empowers EGLE, local health officers, and municipalities or counties to bring civil actions for solid waste violations, with fines up to $10,000 per day for a first violation, $25,000 for subsequent violations, and possible orders for restoration, enforcement costs, or return of waste.
    • Part 111, MCL section 324.11151 allows courts to impose fines up to $25,000 per violation (per day if continuous), issue orders requiring compliance with permits, licences, rules, or corrective action requirements.
    • Under Part 31, MCL section 324.3115, civil fines for violating environmental rules range from $2,500 per violation up to $25,000 per day, with lower caps for reporting failures. Substantial endangerment can trigger fines from $500,000 to $5 million.
    • Part 55, MCL section 324.5528–324.5529, authorises the use of consent orders and the imposition of administrative fines of up to $10,000 per violation, and for continuing violations, up to $10,000 per day, for unlawful air emissions or other air quality violations.
    • Part 17, MEPA, MCL section 324.1701, provides broad authority for the state, the attorney general, or private citizens to seek injunctions to prevent pollution or impairment of natural resources.
  • Criminal enforcement is also built into NREPA:
    • Under Part 111, MCL section 324.11147, unauthorised or unlawful activities related to hazardous waste may be prosecuted as misdemeanours, and the guilty person is punishable by imprisonment for up to 90 days or a fine of not more than $500, or both, for each violation. Appearance tickets may be issued for certain violations.
    • Under Part 111, MCL section 324.11151, first-time misdemeanour violations can result in fines up to $25,000 per violation (per day if continuous), imprisonment up to one year, or both. Repeat violations carry fines up to $50,000 per violation (per day if continuous) and/or imprisonment up to two years. Violations causing imminent danger to human life can result in fines up to $250,000 (or $1 million for non-individual entities) and imprisonment up to five years for extreme indifference, plus corrective action costs.
    • Under Part 31, MCL section 324.3115, knowing or intentional violations can result in fines of $2,500–$25,000 per violation, additional daily fines, and up to two years’ imprisonment, with higher fines for repeat violations. Substantial endangerment offenses carry fines starting at $1 million and up to five years’ imprisonment.
    • Part 365, MCL section 324.36507, makes it a misdemeanour to take, possess, transport, sell, or destroy endangered or threatened species without authorisation. Violators may be punished by up to 90 days’ imprisonment, a fine of $100 to $1000, or both.
    • Additional wildlife-related criminal offences are scattered throughout other provisions of NREPA, such as unlawful hunting and trafficking under Part 401 (wildlife conservation).
  • Strict liability for property contamination and remediation is addressed in Part 201. MCL section 324.20126 imposes liability for releases of hazardous substances and introduces Baseline Environmental Assessments (BEAs), while MCL section 324.20107a mandates any owner or operator who knows a property is a contaminated ‘facility’ to exercise due care.
  • These provisions allow new property purchasers to avoid liability for pre-existing contamination if they conduct a BEA, while still requiring them to exercise due care to prevent exacerbation of contamination or exposure risks.
Soil pollution

What are the main characteristics of the rules applicable to soil pollution?

Part 201 (Environmental Remediation) of Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994, governs soil pollution response in Michigan, defining contaminated ‘facilities’, liability parameters, assessment requirements, and cleanup standards. It is the principal statute dealing with polluted soils.

Liability under Part 201 is causation‑based, rather than purely status‑based:

  • MCL section 324.20126(1) provides that the following parties are liable for the release or threat of release of a hazardous substance:
    • The owner or operator of a facility at the time of disposal of a hazardous substance.
    • The person who caused a release or threat of release of a hazardous substance.
    • A person who becomes an owner or operator on or after 5 June 1995, unless they qualify for liability protection by conducting a Baseline Environmental Assessment (BEA).
    • A person who arranged for disposal, treatment, or transport of hazardous substances.
    • A person who accepted hazardous substances for transport and selected the disposal site.
  • However, under MCL section 324.20126(1)(c) and 324.20126(2), new owners or operators may avoid liability for pre-existing contamination if they:
    • Conduct a BEA prior to or within 45 days after purchase, occupancy, or foreclosure.
    • Disclose the BEA to the Department of Environment, Great Lakes, and Energy (EGLE) and to subsequent purchasers or transferees within six months.
  • Even with BEA protection, owners must still comply with due care obligations under MCL section 324.20107a.

Michigan uses risk-based generic cleanup criteria specific to soil, distinguished by land use:

The Part 201 administrative rules specify generic soil cleanup criteria:

  • R 299.46: Residential soil criteria
  • R 299.48: Non‑residential soil criteria
  • Additional tables define groundwater criteria, toxicological properties, and footnotes.

Background concentrations:

  • Naturally occurring or anthropogenic background levels, e.g., metals from glacial geology, are acknowledged but not substitutes for cleanup criteria.
  • The 2005 Michigan Background Soil Survey (MBSS), updated in 2015, assists in delineating contamination versus background levels during site characterisation.

Soil relocation:

Under MCL section 324.20120c, relocating contaminated soil off‑site is permitted if:

  • The soil does not exceed cleanup criteria or site‑specific standards for the receiving facility.
  • Land‑use/resource restrictions matching necessary controls are in place.
  • EGLE prior approval is obtained when relocating from or to a facility with a remedial action plan or ‘no further action’ report.
  • Absent such plan, the owner/operator must notify EGLE within 14 days after relocation with specific information (origin, destination, volume, data supporting safety).

On‑site relocation:

  • Allowed if controls equivalent to those in remedial plans or no further action reports are maintained.
  • EGLE must be notified within 14 days if relocating 500 cubic yards or more with details similar to off‑site relocation.
  • When no department notification or approval is sought, relocation must be disclosed as part of contamination disclosure to purchasers.
Regulation of waste

What types of waste are regulated and how?

Michigan defines waste broadly as ‘any discarded material,’ encompassing solid, liquid, semi‑solid or gaseous forms, including materials no longer usable for their original purpose, even if being burned as fuel.

Part 111 (Hazardous Waste Management) of the Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994, further delineates hazardous waste by criteria such as listed wastes, characteristic wastes, e.g., ignitable, corrosive, reactive or toxic. Certain materials are exempt, including those reused or managed in closed‑loop systems.

Michigan’s regulatory framework covers multiple waste categories, with distinct statutory parts:

  • Hazardous Waste — Part 111 (NREPA)
    • It covers generation, treatment, storage, transport and disposal of hazardous wastes from cradle to grave.
    • It categorises regulated entities: generators, transporters, treatment/storage/disposal facilities (TSDFs).
    • It includes exemptions for by‑products, closed‑loop recycling, reuse without reclamation, and universal wastes.
    • The Department of Environment, Great Lakes, and Energy (EGLE) enforces via Site ID numbers, permitting, licensing, and generator obligations (e.g. manifesting, recordkeeping).
  • Solid Waste — Part 115 (NREPA): It covers non‑hazardous solid waste, including municipal waste, disposal areas, diversion centres, incineration, by‑products and materials management. Key subparts include:
    • Definitions (MCL section 324.11502 to 324.11506),
    • Disposal area permitting and licensing (MCL section 324.11509).
    • Waste Diversion Centres (MCL section 324.11521b), promoting environmentally preferred handling, with operational standards and registration thresholds.
    • Beneficial‑Use By‑Products MCL section 324.11551 to 324.11553, allowing certain wastes to be reused rather than disposed.
    • Materials Management Plans (MCL section 324.11571 to 324.11587), replacing traditional solid‑waste planning with a circular‑economy focus.
    • Enforcement (MCL section 324.11546 and 324.11549): Provides the Michigan Department of Environment, Great Lakes, and Energy (EGLE) with inspection, compliance, and enforcement powers. Includes civil fines, penalties, and corrective actions for non-compliance.
  • Liquid Industrial By‑Products — Part 121 (NREPA) governs non‑hazardous liquid by‑products.

Additional regulated categories are:

  • Scrap tyres — Part 169 (NREPA)
  • Used Oil Recycling — Part 167 (NREPA)
  • Battery Disposal — Part 171 (NREPA)
  • Medical Waste — Part 138 of Public Health Code
  • Radioactive Waste — Part 135 of Public Health Code and Part 111 (NREPA)
  • PCB/TSCA Waste, asbestos, and more — via federal and state overlap

Authorisation requirements include:

For hazardous waste:

  • Generators: Must register for Site ID, classify generator size (large, small, conditionally exempt), manage waste per rules, and maintain required documentation.
  • TSDFs: Need permits and licences for treatment or disposal. Detailed standards apply.

For solid waste:

  • MCL section 324.11509 require licensing and permit for disposal areas (e.g. landfills, incinerators) and construction permits before operation.
  • Waste Diversion Centres: Centres collecting over 50 tonnes/year must register and report annually.
  • Materials Management Plans (MMPs): Counties must develop and submit MMPs to EGLE with materials management planning authority.

For liquid industrial by‑products:

  • Generators and transporters must maintain specified shipping documentation and ensure receiving facilities are authorised. No need for Site ID if Uniform Manifest used alone.
  • Receiving facilities must be authorised and submit annual reports, maintain staff training and release response plans.

Rules for the control of waste‑associated activities and related obligations include:

  • Handling and storage: Waste must be collected and stored safely, secure from environmental release, fire, vandalism, and in compliant containers. Diversion centres must document volumes and types for at least three years.
  • Transport: MCL section 324.11528 requires vehicles transporting solid waste to comply with construction and operational standards.
  • Financial assurance: MCL section 324.11523 requires disposal facilities to provide financial assurance (cash bond, trust fund, perpetual care) to cover closure and post‑closure obligations.
  • Monitoring and reporting: Under MCL section 324.11525, coal combustion residual sites and other landfills are required to conduct groundwater monitoring, design criteria, keep public operating records and take corrective actions if contamination occurs.
  • Waste diversion obligations: Counties and facilities must prioritise diversion and follow the MMP, and producers must take responsibility for certain materials via stewardship laws.
  • Recordkeeping: Generators, haulers, and receiving facilities must comply with recordkeeping provisions under MCL sections 324.12103, 324.12109, 324.12112, 324.11525, requiring retention of manifests, shipping records, training logs, monitoring data, and reports for at least three years.
Regulation of air emissions

What are the main features of the rules governing air emissions?

Air quality in Michigan is governed under Part 55 (Air Pollution Control) of the Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994. The Department of Environment, Great Lakes, and Energy (EGLE) implements Part 55 and the state air rules adopted under it.

The US Clean Air Act (CAA) applies in Michigan, including National Ambient Air Quality Standards (NAAQS) (40 CFR part 50), New Source Performance Standards (40 CFR part 60), National Emission Standards for Hazardous Air Pollutants (40 CFR part 63), and prevention of significant deterioration of air quality programmes (40 CFR 51.166/52.21). Michigan adopts federal standards by reference in Rule 902.

Before installing, constructing, reconstructing, relocating or modifying any process/equipment that may emit an air pollutant, a Permit to Install (PTI) is required under Rule 201 (R 336.1201). The rule also provides for general PTIs and identifies when conditions can be state-only enforceable. Certain limited activities are exempted by specific rules (e.g., Rule 290 series).

Major new sources and major modifications must meet prevention of significant deterioration requirements in Part 18, Michigan Administrative Code (MAC), including Best Available Control Technology (BACT), air quality analysis and increment protection.

For areas designated nonattainment, Part 19 applies (e.g., LAER, offsets, and applicable major source thresholds). EGLE’s NSR page and the Part 19 rule text describe applicability.

Major sources must obtain a Renewable Operating Permit, Michigan’s Title V permit, under MCL section 324.5506. EGLE administers the programme, and permits are generally renewed every five years. The US Environmental Protection Agency retains oversight and has 45 days to review draft permits. If it does not object, the public has 60 days to petition for an objection.

Part 55 requires public notice and opportunity for comment/hearing for certain permit actions (MCL section 324.5511). EGLE provides the public notice process.

Michigan statutes regulate the following contaminants:

  • Criteria pollutants: ozone (O3), particulate matter (PM2.5/PM10), carbon monoxide (CO), sulphur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb) under NAAQS (40 CFR part 50).
  • Hazardous air pollutants (HAP): The federal list under CAA section 112(b) applies. Michigan incorporates federal standards by reference through Rule 902 and enforces applicable MACT standards (40 CFR part 63).
  • Michigan toxic air contaminants (TAC): Rules R 336.1224–336.1229 require toxics BACT (T-BACT) and compliance with health-based screening levels, with modelling procedures set in the rules. EGLE’s programme page identifies the controlling rules.
  • Other state prohibitions: Rule 901 (R 336.1901) prohibits emissions causing injurious effects or unreasonable interference with the comfortable enjoyment of life and property.

Michigan’s emission limits’ regulations include:

  • Part 6, Emission Limitations and Prohibitions – Existing Sources of Volatile Organic Compound (VOC) Emissions: Michigan imposes category-specific VOC controls for existing and new sources (e.g., surface coating, solvent cleaning), including technology/operational standards.
  • Part 8, Emission Limitations and Prohibitions – Oxides of Nitrogen (NOx) Emissions: Michigan sets NOx emission limits, monitoring and recordkeeping for specified equipment and seasonal control requirements.
  • Many emission limits for large units also apply via federal standards and are enforceable in Michigan.

Ambient air quality limits and modelling regulations include:

  • NAAQS compliance: Michigan must attain and maintain the federal NAAQS; these are the operative ambient concentration limits for criteria pollutants statewide.
  • Adoption by reference: Rule 902 adopts specified federal standards and guidance by reference into Michigan’s rules, including federal test methods and references used in permitting.
  • Air dispersion modelling: R 336.1240–336.1241 prescribe required models and demonstrations for permitting.
  • Prevention of Significant Deterioration (PSD) increments and ceilings: PSD requires protection of allowable increments above baseline concentrations; federal increment values and requirements are codified at 40 CFR 51.166(c) and mirrored in Michigan’s Part 18.
  • Ozone nonattainment specifics: EGLE’s NAAQS/ozone nonattainment page summarises area classifications and related SIP actions.

Michigan’s rules on the energy efficiency of buildings include:

  • Commercial and multifamily (not less than three storeys): Michigan’s Bureau of Construction Codes (LARA) adopted the 2021 International Energy Conservation Code (IECC) and ASHRAE 90.1-2019 with an effective date of 22 April 2025 for the Michigan Energy Code (Commercial).
  • Energy audits for buildings: For governmental units, the Cost-Effective Governmental Energy Use Act, Act 625 of 2012, requires an investment-grade energy audit when entering an energy performance contract; the audit becomes part of the final contract and must include specified cost/savings elements (MCL section 18.1721).
Protection of fresh water and seawater

How are fresh water and seawater, and their associated land, protected?

Michigan Constitution, Article IV, section 52 declares that ‘the conservation and development of the natural resources of the state are of paramount public concern’ and directs the legislature to provide for the protection of air, water and natural resources from pollution, impairment and destruction.

Michigan courts recognise that the Great Lakes and their submerged lands are held by the State in trust for the people (public trust doctrine). The principle is codified in Part 325, of the Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994, which requires state authorisation for occupation or alteration of Great Lakes bottomlands.

Ownership of waters and lands in Michigan:

  • Surface waters: Under Michigan law, surface waters such as inland lakes, streams, and the Great Lakes are considered waters of the state and are subject to the public trust doctrine. Individuals may have riparian or littoral rights (rights of reasonable use), but ownership remains subject to state regulation. The Inland Lakes and Streams Act, MCL section 324.30101 et seq., regulates such rights.
  • Groundwater: Groundwater is also treated as a public resource. Its withdrawal and use are regulated to prevent adverse resource impacts under Part 327, Great Lakes Preservation, of NREPA.
  • Great Lakes submerged lands: Title to the lands beneath the Great Lakes within Michigan’s boundaries rests with the State, in trust for the people, per Part 325 of NREPA. Authorisation is required for filling, dredging, or occupation.

Authorisation and permitting requirements include:

For ground and surface water withdrawals:

  • Large quantity withdrawals are regulated under Part 327, Great Lakes Preservation, which requires registration and use of the state’s water withdrawal assessment process for withdrawals over 100,000 gallons per day.
  • The programme ensures withdrawals do not cause ‘adverse resource impacts’ to streams and rivers.

For discharges to surface waters:

  • It is regulated under Part 31, Water Resources Protection, which implements both state law and the federal Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) programme.
  • Discharges of any pollutant into the waters of the state require an NPDES permit issued by the Department of Environment, Great Lakes, and Energy (EGLE). Permit conditions set effluent limits, monitoring, and reporting obligations.

For inland lakes and streams:

  • Work in inland lakes or streams (dredging, filling, constructing structures) requires a permit under Part 301, Inland Lakes and Streams.

For wetlands:

  • Michigan administers its own wetland permitting programme. Under Part 303, Wetlands Protection, permits are required for activities such as dredging, filling, draining, or constructing in regulated wetlands.

For shorelands and coastal areas:

  • Part 323, Shorelands Protection and Management, regulates high-risk erosion areas and environmental areas along the Great Lakes shore, requiring permits for certain construction.

For Submerged lands (Great Lakes):

  • Any filling, dredging, or permanent occupation of Great Lakes bottomlands requires a conveyance, lease, or permit from the State under Part 325.

Limits and controls on extractions and discharges include:

  • Surface water withdrawals: Must not cause an adverse resource impact defined in Part 327 as a reduction in stream flow that harms characteristic fish populations.
  • Groundwater withdrawals: Regulated through Part 327, water withdrawal assessment tool, requiring site-specific review where potential adverse impacts are predicted.
  • Effluent limits: NPDES permits under Part 31 set specific discharge limits, based on federal technology standards and water quality standards.
  • Water quality standards: EGLE’s administrative rules (R 323.1041 et seq.) set numeric and narrative standards for surface waters to protect designated uses, including human health, aquatic life, and recreation.

The rules for protection of associated land include:

  • Wetlands (Part 303): Wetlands adjacent to water bodies are regulated to maintain water quality, flood control, wildlife habitat, and shoreline stability. Permit denials are authorised where impacts cannot be avoided or mitigated.
  • Shorelands (Part 323): Certain areas are designated high-risk erosion or environmental areas where construction is limited or prohibited without a permit.
  • Floodplains (Part 31): Activities in floodplains require permits to ensure protection against flood hazards and to maintain natural floodwater storage.

Enforcement and remedies:

  • Civil and criminal enforcement: Under Part 31 and related parts of NREPA, EGLE may issue administrative orders, civil fines, and injunctions. Criminal penalties may apply for knowing violations (e.g., unlawful discharges without a permit).
  • Citizen suits: Part 17, Michigan Environmental Protection Act, allows any person to bring a civil action for protection of the air, water, or other natural resources and the public trust.
Protection of natural spaces and landscapes

What are the main features of the rules protecting natural spaces and landscapes?

Michigan protects a wide variety of resources through different parts of the Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994. Major categories include:

  • State parks, recreation areas, and designated natural areas: Part 741, establishes the state parks system. The Department of Natural Resources (DNR) manages these areas for conservation and public enjoyment.
  • Wilderness and natural areas: Part 351 provides for designation of wilderness and natural areas to be protected from development and kept in a natural condition.
  • Wild and scenic rivers: Part 305 establishes the natural rivers programme to preserve selected rivers in their natural state through zoning and land-use restrictions along designated river corridors.
  • Sand dunes: Part 353 protects critical dune areas along the Great Lakes shoreline through permit requirements for alterations.
  • Wetlands: Part 303 protects wetlands by requiring permits for dredging, filling, draining, or construction.
  • Shorelands and high-risk erosion areas: Part 323 controls development along Great Lakes coasts and erosion-prone areas.
  • Endangered species and critical habitat: Part 365 protects listed species and restricts activities that may harm them or their habitat.
  • State game and wildlife areas, forests, and preserves: various Parts, e.g., Part 501 for forest improvements, Part 419 for wildlife – hunting area control.

Forms and classes of protection include:

Statutory designations: Each part of NREPA creates a separate regulatory regime. For example:

  • Wilderness areas under Part 351 must remain undeveloped, with motorised uses and structures generally prohibited.
  • Natural rivers under Part 305 have tailored zoning rules to protect scenic, ecological, and recreational values.
  • Critical dune areas under Part 353 may only be altered with permits, subject to strict conditions to minimise adverse impacts.

Permit-based controls: Many parts of NREPA use a permit system (e.g., Parts 303, 323, 325, 353) that conditions private or public activities in protected landscapes.

Land acquisition and dedication: State law authorises the DNR to acquire land or designate state-owned land for protection (e.g., as a state park or natural area).

Effect on private rights:

  • Land use restrictions: Private property within protected zones (e.g., wetlands, critical dunes, natural river corridors) may be subject to restrictions on building, filling, dredging, or other alterations. For example, construction in a wetland requires a permit under Part 303, and development in a critical dune area requires a permit under Part 353.
  • Permitting obligations: Owners must seek state authorisation for activities that may impact protected resources. Denial of permits can prevent development inconsistent with conservation objectives.
  • Compensation: In some cases, when regulation deprives an owner of all economically viable use of property, constitutional takings principles may require compensation. However, regulation of wetlands, dunes, or shorelands is generally upheld as a valid exercise of the state’s police power for environmental protection.
  • Zoning coordination: Programmes like natural rivers require local governments to adopt compatible zoning ordinances, affecting private land-use rights within designated corridors.
  • Public trust overlay: For Great Lakes shorelands and submerged lands, the public trust doctrine limits the extent of private ownership and reserves public rights of navigation, fishing, and recreation.

Enforcement and remedies:

  • Civil and criminal enforcement: Violations of permits or statutory restrictions can result in administrative orders, civil fines, or criminal penalties under NREPA, e.g., Part 17, Michigan Environmental Protection Act, MEPA, allows suits to protect public trust resources.
Environmental reporting

Are there any notable environmental reporting requirements?

Yes. In Michigan, environmental reporting obligations are primarily governed by the Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994. Below are the major reporting requirements:

Air emissions reporting:

Michigan Air Pollution Control Rule R 336.202 (Rule 2) requires an annual report from a commercial, industrial, or governmental source of emission of an air contaminant if the Department of Environment, Great Lakes, and Energy (EGLE) considers it necessary for the proper management of the air resources. In addition, R 336.1212 (Rule 212), contains emission reporting requirements.

Sources with actual emissions expected to be greater than any of the following emission thresholds are required to report emissions annually:

  • Carbon Monoxide = 100 tons per year (TPY),
  • Nitrogen Oxides (NOx) = 40 TPY,
  • Sulphur Dioxide = 40 TPY,
  • PM = 25 TPY,
  • PM10 = 15 TPY,
  • PM2.5 – 10 TPY
  • Volatile Organic Compounds (VOC) = 10 TPY, and
  • Lead (Pb) = 0.5 TPY

Water discharge reporting:

  • MCL section 324.3110(7) requires wastewater operators to file regular discharge reports on treatment effectiveness and effluent quality.
  • MCL section 324.3111b requires release of polluting materials to be reported under R 324.2001 to R 324.2009.
  • MCL section 324.3132(2) requires sewage sludge generators/distributors to submit annual tonnage reports within 30 days after each fiscal year for EGLE fee calculation.

Industrial Pretreatment Programme (IPP):

  • MCL section 324.3109(2) prohibits unlawful discharges and authorises EGLE to establish the IPP.
  • Michigan Administrative Code R 323.2311 requires industrial users to submit baseline monitoring reports, 90-day compliance reports for new sources, and periodic reports at least twice per year.

Waste management reporting:

  • Hazardous waste biennial reporting: Under the Michigan Hazardous Waste Management Rules at R 299.9312, Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) must submit biennial hazardous waste reports to EGLE, due by March 1 of each even-numbered year, summarising waste generation and management activities for the preceding year.

Liquid industrial by-products:

  • Liquid industrial by-products (Part 121, NREPA): Under MCL section 324.12112, the owner or operator of a facility that accepts liquid industrial by-products must keep accurate shipping records, manage the material in compliance with Part 121, and submit an annual report to EGLE detailing the volumes and disposition of liquid industrial by-products received.

Solid waste facilities:

  • Solid waste facilities (Part 115, NREPA): Under MCL section 324.11560, owners or operators of composting facilities (and other registered or permitted materials utilization facilities) must submit an annual report within 45 days after the end of each state fiscal year. The report must state:
    • the volume of compostable material received, identified by county of origin,
    • the amount of finished compost removed,
    • the amount of unfinished material removed,
    • the volume of residuals removed, and
    • the quantities of material remaining on site at the end of the year.

Energy and efficiency reporting:

  • Under the Michigan Energy Code (adopting the 2021 IECC and ASHRAE 90.1-2019 for commercial buildings, effective 22 April 2025), commercial builders must demonstrate compliance with energy-efficiency requirements, based on the newly adopted standards, when submitting building permit applications under the State Construction Code framework (Stille-DeRossett-Hale Act, 1972 PA 230).

Governmental energy performance contracts:

Other environmental disclosures include:

  • Greenhouse gas reporting: Michigan does not currently impose state-level GHG reporting separate from federal EPA’s GHG Reporting Program. Facilities in Michigan subject to the federal thresholds must report directly to US Environmental Protection Agency.
  • ESG reporting: Michigan law does not impose general ESG disclosure obligations on companies. ESG-type reporting is limited to voluntary initiatives or requirements arising under other regulatory regimes.