As of May 1, 2012, Michigan’s regulation (Part 213 of PA 451) designed to address Leaking Underground Storage Tanks (LUSTs) in Michigan have changed. Here are a few key points regarding the changes:
• Part 213 is clearly separated from Part 201 (Remediation).
• Free Product, which was previously defined to be at least one eighth of an inch of product, is now defined as (dense) and (light) non-aqueous phase liquids (NAPL, DNAPL, and LNAPL). More specifically, free product is
o Migrating NAPL
o Mobile NAPL
o Residual NAPL
• The Risk-Based Corrective Action (RBCA) process must be used to assess contaminated properties.
• The Michigan Department of Environmental Quality (MDEQ) must determine if they will audit a report within 90 days of submittal and must complete the review within 180 days.
• Initial assessment reports are now due in 180 days following a confirmed release (previously 90 days). A report can only be audited once. A report is considered “approved” if the MDEQ does not perform an audit or provide a written response to the owner/operator.
• “Deficient” reports only have to resubmit deficiencies. The MDEQ review must be completed within 90 days.
• The MDEQ must provide 15-day prior notice before “red tagging” a UST.
• The MDEQ will no longer maintain the Qualified Consultant/Certified Professional (QC/CP) list. The owner/operator is now responsible for assuring the consultant meets the QC/CP requirements. Consultants will continue to sign an affidavit attesting to their qualifications.
This is just a brief overview of some of the changes. If you have any specific questions related to UST assessments or closures or any other environmental consulting matter, contact Matthew Schroeder, P.E. (firstname.lastname@example.org) at 248-932-0228.