Following some tweaking and editing as a result of input from stakeholders, Michigan’s Part 201 Rules (the primary environmental cleanup rules in Michigan) have been in a state of flux for a while now. Based on discussions with Michigan Department of Environmental Quality (MDEQ) staff “in-the-know,” draft rules are reportedly just around the corner. The current schedule is to have a draft rules package to the Office of Regulatory Reinvention (ORR) by January 2016. They are hopeful to have a package ready for public comment as soon as February 2016.
Background on Part 201
For those new to environmental assessment or cleanup in Michigan, here is some brief background. Michigan’s environmental acts are consolidated into the Natural Resources and Environmental Protection Act, 1994, PA 451, as amended (Act 451). Part 201 includes the definition of environmental contamination, how to perform environmental evaluation, liability determination, and due care procedures. Part 201 gives authority to the MDEQ to create rules. These rules include additional regulatory definitions, the formulas used for calculating cleanup levels, chemical and physical properties, and the pathways to be evaluated as a part of environmental evaluation.
Michigan Environmental Cleanup Criteria Potential Changes
There are many changes pending, including a complete update of criteria, based on best management practices, the current science of environmental assessments, and consideration as to what other states are using for clean up criteria.
One of the newer environmental assessment issues not in the existing rules is the vapor intrusion pathway. The rule revisions are going to incorporate the vapor intrusion pathway into the environmental contamination evaluation process.
Only time will reveal the nuance and details of the proposed changes, but there are several changes pending relating to the following areas:
- Chemical-Physical Parameters and Toxicity Data
- Generic Exposure Assumptions
- Vapor Intrusion Pathways
- Legal Issues
As new information becomes available, we will keep you informed.
If you have any questions about how this might affect your current environmental site assessment or environmental remediation efforts, please feel free to contact me (jbolin@dragun.com) at 248-932-0228, ext 125.