Bill Text: MI HB5171 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Environmental protection; cleanups; administrative rules regarding cleanup criteria; extend sunset. Amends sec. 20120a of 1994 PA 451 (MCL 324.20120a) & repeals enacting sec. 2 of 2012 PA 446.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2013-12-05 - Printed Bill Filed 12/05/2013 [HB5171 Detail]
Download: Michigan-2013-HB5171-Introduced.html
HOUSE BILL No. 5171
December 4, 2013, Introduced by Reps. Irwin, Tlaib, Rutledge, Driskell, Zemke, Switalski, Geiss, LaVoy and Singh and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 20120a (MCL 324.20120a), as amended by 2012 PA
446; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20120a. (1) The department may establish cleanup criteria
and approve of remedial actions in the categories listed in this
subsection. The cleanup category proposed shall be the option of
the person proposing the remedial action, subject to department
approval if required, considering the appropriateness of the
categorical criteria to the facility. The categories are as
follows:
(a) Residential.
(b) Nonresidential. The nonresidential cleanup criteria shall
be the former industrial categorical cleanup criteria developed by
the department pursuant to this section until new nonresidential
cleanup criteria are developed and published by the department
pursuant to subsection (17).
(c) Limited residential.
(d) Limited nonresidential.
(2) As an alternative to the categorical criteria under
subsection (1), the department may approve a response activity plan
or a no further action report containing site-specific criteria
that satisfy the requirements of section 20120b and other
applicable requirements of this part. The department shall utilize
only reasonable and relevant exposure pathways in determining the
adequacy of a site-specific criterion. Additionally, the department
may approve a remedial action plan for a designated area-wide zone
encompassing more than 1 facility, and may consolidate remedial
actions for more than 1 facility.
(3) The department shall develop cleanup criteria pursuant to
subsection (1) based on generic human health risk assessment
assumptions determined by the department to appropriately
characterize patterns of human exposure associated with certain
land uses. The department shall utilize only reasonable and
relevant exposure pathways in determining these assumptions. The
department may prescribe more than 1 generic set of exposure
assumptions within each category described in subsection (1). If
the department prescribes more than 1 generic set of exposure
assumptions within a category, each set of exposure assumptions
creates a subcategory within a category described in subsection
(1). The department shall specify facility characteristics that
determine the applicability of criteria derived for these
categories or subcategories.
(4) If a hazardous substance poses a carcinogenic risk to
humans, the cleanup criteria derived for cancer risk under this
section shall be the 95% upper bound on the calculated risk of 1
additional cancer above the background cancer rate per 100,000
individuals using the generic set of exposure assumptions
established under subsection (3) for the appropriate category or
subcategory. If the hazardous substance poses a risk of an adverse
health effect other than cancer, cleanup criteria shall be derived
using appropriate human health risk assessment methods for that
adverse health effect and the generic set of exposure assumptions
established under subsection (3) for the appropriate category or
subcategory. A hazard quotient of 1.0 shall be used to derive
noncancer cleanup criteria. For the noncarcinogenic effects of a
hazardous substance present in soils, the intake shall be assumed
to be 100% of the protective level, unless compound and site-
specific data are available to demonstrate that a different source
contribution is appropriate. If a hazardous substance poses a risk
of both cancer and 1 or more adverse health effects other than
cancer, cleanup criteria shall be derived under this section for
the most sensitive effect.
(5) If a cleanup criterion derived under subsection (4) for
groundwater in an aquifer differs from either: (a) the state
drinking water standard established pursuant to section 5 of the
safe drinking water act, 1976 PA 399, MCL 325.1005, or (b) the
national secondary drinking water regulations established pursuant
to 42 USC 300g-1, or (c) if there is not national secondary
drinking water regulation for a contaminant, the concentration
determined by the department according to methods approved by the
United States environmental protection agency below which taste,
odor, appearance, or other aesthetic characteristics are not
adversely affected, the cleanup criterion shall be the more
stringent of (a), (b), or (c) unless the department determines that
compliance with this subsection is not necessary because the use of
the aquifer is reliably restricted under provisions of a
postclosure plan or a postclosure agreement.
(6) The department shall not approve a remedial action plan or
no further action report in categories set forth in subsection
(1)(b) to (d), unless the person documents that the current zoning
of the property is consistent with the categorical criteria being
proposed, or that the governing zoning authority intends to change
the zoning designation so that the proposed criteria are consistent
with the new zoning designation, or the current property use is a
legal nonconforming use. The department shall not grant final
approval for a remedial action plan or no further action report
that relies on a change in zoning designation until a final
determination of that zoning change has been made by the local unit
of government. The department may approve of a remedial action plan
or no further action report that achieves categorical criteria that
are based on greater exposure potential than the criteria
applicable to current zoning. In addition, the remedial action plan
or no further action report shall include documentation that the
current property use is consistent with the current zoning or is a
legal nonconforming use. Abandoned or inactive property shall be
considered on the basis of zoning classifications as described
above.
(7) Cleanup criteria from 1 or more categories in subsection
(1) may be applied at a facility, if all relevant requirements are
satisfied for application of a pertinent criterion.
(8) The need for soil remediation to protect an aquifer from
hazardous substances in soil shall consider the vulnerability of
the aquifer or aquifers potentially affected if the soil remains at
the facility. Migration of hazardous substances in soil to an
aquifer is a pertinent pathway if appropriate based on
consideration of site specific factors.
(9) The department may establish cleanup criteria for a
hazardous substance using a biologically based model developed or
identified as appropriate by the United States environmental
protection agency if the department determines all of the
following:
(a) That application of the model results in a criterion that
more accurately reflects the risk posed.
(b) That data of sufficient quantity and quality are available
for a specified hazardous substance to allow the scientifically
valid application of the model.
(c) The United States environmental protection agency has
determined that application of the model is appropriate for the
hazardous substance in question.
(10) If the target detection limit or the background
concentration for a hazardous substance is greater than a cleanup
criterion developed for a category pursuant to subsection (1), the
criterion shall be the target detection limit or background
concentration, whichever is larger, for that hazardous substance in
that category.
(11) The department may also approve cleanup criteria if
necessary to address conditions that prevent a hazardous substance
from being reliably measured at levels that are consistently
achievable in samples from the facility in order to allow for
comparison with generic cleanup criteria. A person seeking approval
of a criterion under this subsection shall document the basis for
determining that the relevant published target detection limit
cannot be achieved in samples from the facility.
(12) In determining the adequacy of a land-use based response
activity to address sites contaminated by polychlorinated
biphenyls, the department shall not require response activity in
addition to that which is subject to and complies with applicable
federal regulations and policies that implement the toxic
substances control act, 15 USC 2601 to 2692.
(13) Remedial action to address the release of uncontaminated
mineral oil satisfies cleanup criteria under this part for
groundwater or for soil if all visible traces of mineral oil are
removed from groundwater and soil.
(14) Approval by the department of remedial action based on
the categorical standard in subsection (1)(a) or (b) shall be
granted only if the pertinent criteria are satisfied in the
affected media. The department shall approve the use of
probabilistic or statistical methods or other scientific methods of
evaluating environmental data when determining compliance with a
pertinent cleanup criterion if the methods are determined by the
department to be reliable, scientifically valid, and best represent
actual site conditions and exposure potential.
(15) If a discharge of venting groundwater complies with this
part, a permit for the discharge is not required.
(16) Remedial actions shall meet the cleanup criteria for
unrestricted residential use or shall provide for acceptable land
use or resource use restrictions in a postclosure plan or a
postclosure agreement.
(17) Remedial actions that rely on categorical cleanup
criteria developed pursuant to subsection (1) shall also consider
other factors necessary to protect the public health, safety, and
welfare, and the environment as specified by the department, if the
department determines based on data and existing information that
such considerations are relevant to a specific facility. These
factors include, but are not limited to, the protection of surface
water quality and consideration of ecological risks if pertinent to
the facility based on the requirements of this part.
(18) The department shall develop cleanup criteria pursuant to
subsection (1) based upon the United States environmental
protection agency - IRIS hazardous substance carcinogenic slope
factor and noncarcinogenic reference dose and reference
concentration for the calculation of the cleanup criteria. If a
hazardous substance does not have an established United States
environmental protection agency - IRIS carcinogenic slope factor or
noncarcinogenic reference dose and reference concentration, the
department shall work with the United States environmental
protection agency to generate such a value following the United
States environmental protection agency methodology.
(19) (18)
Not later than December 31, 2013,
2014, the
department shall evaluate and revise the cleanup criteria derived
under
this section. The evaluation and any revisions This revision
shall incorporate knowledge gained through research and studies in
the areas of fate and transport and risk assessment and shall take
into account best practices from other states, reasonable and
realistic conditions, and sound science. Following this revision,
the department shall periodically evaluate whether new information
is available regarding the cleanup criteria and shall make
revisions as appropriate. Not later than March 31, 2014 and every 6
months thereafter, the department shall revise the cleanup criteria
derived under this section with the current United States
environmental protection agency - IRIS carcinogenic slope factor
and noncarcinogenic reference dose and reference concentration
values. The department shall prepare and submit to the legislature
a report detailing any revisions made to cleanup criteria under
this section.
(20) (19)
A person demonstrates compliance
with indoor air
inhalation criteria for a hazardous substance at a facility under
this part if all of the following conditions are met:
(a) The facility is an establishment covered by the
classifications provided by sector 31-33 – manufacturing, of the
North American industry classification system, United States, 2012,
published by the office of management and budget.
(b) The person complies with the Michigan occupational safety
and health act, 1974 PA 154, MCL 408.1001 to 408.1094, and the
rules promulgated under that act applicable to the exposure to the
hazardous substance, including, but not limited to, the
occupational health standards for air contaminants, R 325.51101 to
R 325.51108 of the Michigan administrative code.
(c) The hazardous substance is included in the facility's
hazard communication program under section 14a of the Michigan
occupational safety and health act, 1974 PA 154, MCL 408.1014a, and
the hazard communication rules, R 325.77001 to R 325.77003 of the
Michigan administrative code, except that unless the hazardous
substance is in use in the facility, the requirement to have a
material safety data sheet in the workplace requires only a generic
material safety data sheet for the hazardous substance and the
labeling requirements do not apply.
(21) As used in this section, "United States environmental
protection agency – IRIS" means the United States environmental
protection agency integrated risk information system.
Enacting section 1. Enacting section 2 of 2012 PA 446 is
repealed.
Enacting section 2. R 299.5101, R 299.5103, R 299.5115, R
299.5520, R 299.5522, R 299.5524, R 299.5526, R 299.5528, R
299.5542, R 299.5701, R 299.5703, R 299.5705, R 299.5706, R
299.5706a, R 299.5707, R 299.5708 to R 299.5726, R 299.5728, R
299.5730, R 299.5734, R 299.5736, R 299.5738, R 299.5740, and R
299.5744 to R 299.5752 of the Michigan administrative code are
rescinded effective December 31, 2014.
