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Senate Bill 1328 Signed Into Law – Significant Impact on Michigan’s Environmental Remediation Programs

On December 22, 2012, Governor Snyder signed Senate Bill 1328 into law (2012 PA 446).  As a result, several parts of Michigan’s Natural Resources and Environmental Protection Act (NREPA) were amended, effective December 27, 2012:

• Part 115 – Solid Waste Management
• Part 147, Subpart 1 – PCB Compounds
• Part 196 – Clean Michigan Initiative Implementation
• Part 201 – Environmental Remediation
• Part 213 – Leaking Underground Storage Tanks

With regard to Michigan’s environmental remediation programs (Parts 201 and 213), the following changes are of significance:

Part 201

• No Further Action Reports:  PA 446 clarifies that a person may submit a No Further Action (NFA) report without regard to one’s liability status.  NFA reports may be submitted for:
  • One or more releases at a facility
  • One or more hazardous substances
  • One or more environmental media (soil, groundwater, etc.)
  • A portion of a facility or the entire facility
  • Any combination of the above.
• Soil Relocation: PA 446 clarifies the relocation of contaminated soil, both on-site and off-site.
• Cleanup Criteria:  The deadline for the DEQ to develop revised cleanup criteria is extended from December 31, 2012 to December 31, 2013.
• Certificate of Completion:  PA 446 provides a process for a party to request a Certificate of Completion from the DEQ.  The Certificate of Completion is intended to provide written confirmation that a response activity has been completed in accordance with Part 201 requirements and that the DEQ has approved it.
• Indoor Air Inhalation and MIOSHA Criteria – Manufacturing Facilities: An operational manufacturing facility may demonstrate compliance with Part 201 indoor air criteria by complying with the applicable Michigan Occupational Safety and Health Administration (MIOSHA) standards.
• Site-specific Cleanup Criteria: PA 446 provides for the use of numeric or non-numeric criteria as opposed to generic criteria, if it can be shown that the site-specific criteria better reflect best available information with regard to toxicity or exposure risk posed by the hazardous substance.
• Background Concentration:  PA 446 attempts to clarify the options available to a person to demonstrate background concentration.
• Residential Condominium Owner Liability Exemption: PA 446 provides a liability exemption for a residential condominium owner under both of the following situations:
  • Contamination of the unit if hazardous substance use within the unit is consistent with residential use.
  • Contamination of any general common element, limited common element, or common area in which the person has an ownership interest or right of occupation.
• Due Care Compliance:  PA 446 provides a new process for a person to submit due care documentation to the DEQ for review and approval (this can occur under both Part 201 and Part 213).  The DEQ is required to review and respond within 45 days of receipt of due care documentation.
• Part 201 Rules Rescinded:  Some Part 201 Administrative Rules are immediately rescinded, while others will be rescinded December 31, 2013.

Part 213

• LUST Sites With Venting Groundwater: PA 446 provides the option for a owner or operator to utilize the provisions of Part 201 (in lieu of Part 213) with regard to the corrective action activities involving venting groundwater.
• Liable and Non-Liable Parties:  PA 446 attempts to clarify the terminology used for owner or operator in Part 213 so that liable and non-liable parties are properly distinguished, and non-liable parties can have the flexibility to conduct Baseline Environmental Assessments (BEA), due care analyses, and corrective actions.
• Due Care Compliance:  PA 446 provides a new process for a person to submit due care documentation to the DEQ for review and approval (this can occur under both Part 201 and Part 213).  The DEQ is required to review and respond within 45 days of receipt of due care documentation.

To read the enrolled Senate Bill 1328, click on the following link:
http://www.legislature.mi.gov/documents/2011-2012/billenrolled/Senate/pdf/2012-SNB-1328.pdf

To learn more about the leaking underground storage tank program, click here:
https://ggtmlaw.com/our-service-areas/environmental-law/part-213-leaking-underground-storage-tank-program/

To learn more about Michigan’s Part 201 Environmental Remediation program, click here:
https://ggtmlaw.com/our-service-areas/environmental-law/part-201-environmental-remediation-program/

GGTM Law

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