Changes to Michigan’s LUST Regulations

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. (mschroeder@dragun.com) at 248-932-0228.

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