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A new draft policy from Michigan environmental regulators could address community concerns about access to public meetings.

The concerns emerged during the COVID pandemic when the state moved to mostly online meetings. Residents and environmental advocates say these online-only meetings disadvantaged those who lack internet access or are uncomfortable with technology. 

These obstacles added to long-standing concerns about translation services for those with limited English proficiency and a desire for better access to permit application materials for projects that could lead to pollution or wetland destruction.  

The new Michigan Department of Environment, Great Lakes and Energy policy attempts to address these issues. The plan includes a process for evaluating environmental justice, potentially resulting in additional outreach, meetings and longer comment periods. It also contains language on when to hold virtual, hybrid or in-person-only meetings. 

However, the document notes that this policy supports “existing and new participation activities as feasible but does not add any requirements to EGLE actions.” 

Nick Leonard, executive director at the Great Lakes Environmental Law Center, said the document’s “high level of generality” makes it hard to tell what effect it will have on an agency with more than a dozen divisions and offices, some of which have different requirements for public engagement.

“I would like to see a stronger commitment from each of the divisions to adopt some kind of public participation policy for their division in particular,”  Leonard said.

Public engagement comes at the end of the process

One common resident complaint is the short amount of time the public is given to review permit applications for new pollution sources that have often been in the works for months.

“Currently, the public doesn’t get any real notice until there’s a draft permit put together and everything’s almost done,” Leonard said. “What I’ve heard from residents frequently is (they) want to have a chance to talk with EGLE about these permits, essentially while they’re coming up with and considering the application.”

Leonard said that allowing longer comment periods could produce more cooperation between EGLE and local units of government. For example, while EGLE doesn’t regulate truck traffic, earlier community engagement on a permit for  a new facility or expansion could allow a local government to address community concerns better related to heavy vehicles..

EGLE spokesperson Hugh McDiarmid said the agency will often extend public comment periods.

“Frequently, comment periods are longer than required,” McDiarmid told Planet Detroit. “At times, extensions are granted to allow communities more time to review and comment on the information available.”

The trouble with online public meetings

Southwest Detroit community activist Theresa Landrum told Planet Detroit that online-only meetings pose a problem for those who need digital access and make it harder for community members to organize around environmental issues.

She said many seniors in her community lack computers, internet access, and computer literacy. According to data from companies like AT&T and T-Mobile, around 35%- 45% of Detroiters lack internet access.

Landrum has also experienced technical issues using Zoom. On one occasion, a link to a meeting didn’t work, and another time, she couldn’t raise her hand to make a comment. 

McDiarmid said EGLE is aware of such problems and is working with Zoom to assess the situation.

Landrum added that in-person or hybrid meetings have a social element that was lost when EGLE began holding hearings exclusively online. She said in-person meetings allow people to discuss a comment or conversation about a permit and, if there’s confusion, ask an EGLE representative for clarification.

Leonard said these types of interactions are important for galvanizing community action and giving residents in overburdened communities face time with regulators they might not get otherwise.

McDiarmid said that EGLE has moved away from having meetings exclusively online and considers all options when planning meetings or hearings, particularly for projects impacting communities that may have limited internet access.

 “Typically, in-person and hybrid meetings will be done if requested,” he said. We also consider in-person meetings for high-interest sites and activities if requested by the community and/or would result in more meaningful involvement and public participation.”

Technical language remains a barrier at public meetings

One area where EGLE has improved its outreach in recent years is translation services for those with limited English proficiency. The number of times the agency offered translation services for Arabic, Spanish and American Sign Language increased from 9 in 2020 to 26 in 2023.

However, Landrum says the need for “plain language” remains an issue. She said it’s challenging for non-experts to interpret what’s contained in permit requests, especially when working on a limited timeline to submit comments.

 “Scientific data and all those graphs and stuff, people don’t understand that,” she said. “We just ask for simple, plain language.”

McDiarmid notes the draft policy defines and expands upon plain language. The agency is also considering comments that stressed the importance of plain language in its separate Language Access Plan, which discusses removing linguistic barriers to public participation.

Will EGLE’s new public engagement policy make a difference?  

EGLE expects to deliver the final version of its public participation policy this spring or summer. How the policy will inform EGLE’s outreach activities will depend on how it’s implemented in the agency’s various divisions that oversee things like air quality, drinking water, and solid and hazardous waste. 

“While we cannot guarantee that division-specific guidance will be available publicly, we are actively working toward more detailed plans for EGLE staff to follow in their public engagement,” McDiarmid said.

At a March 6 meeting on the policy, Katherine Lambeth, tribal and environmental justice liaison for EGLE, said the agency was looking for community input on “what policies and procedures are helpful (and) maybe what isn’t working well.”

Residents have until April 1 to submit a comment to EGLE at EGLE-engage@Michigan.Gov, 517-335-4100 or Michigan Department of Environment, Great Lakes, and Energy Executive Office-Attn: Office of EJ Public Advocate, P.O. Box 30473, Lansing MI 48909-7973.