Is It Clean? – Michigan Certificates of Completion and No Further Action Letters

January 3, 2013
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On December 22, 2012 Governor Snyder signed Senate Bill 1328 which became effective on December 27, 2012.  The Bill amended portions of Part 201 of Michigan's Natural Resources and Environmental Protection Act.  Among the interesting amendments to Michigan's Part 201's Clean-Up Program is the inclusion of a new procedural mechanism for obtaining an acknowledgement from the MDEQ that the remediation undertaken was completed and it was done in accordance with Part 201. A party undertaking a remediation can now make a formal request for a "Certificate of Completion" to the MDEQ.  The applicant would complete a form, which is to be prepared by the MDEQ and will be made available on the MDEQ's website.  The MDEQ can either grant the … [Read more...]

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NEW MDEQ DATABASE – RECORDED RESTRICTIVE COVENANTS

November 26, 2012
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The Michigan Department of  Environmental Quality (MDEQ) Remediation Division in conjunction with the recommendations from the Collaborative Stakeholders Initiative (CSI) have undertaken a mapping program for plotting all the recorded land use and resource use restrictions. In conjunction with remediation projects, many property owners are recording Restrictive Covenants which set forth limitation on the future use of the property.  Pursuant to MCL 324.20114(c), a copy of the recorded Restrictive Covenant that is part of a post-closure plan or an MDEQ approved remediation must be filed with the MDEQ. Provisions of the Restrictive Covenant may include limitations on future use such as installation of drinking water wells, testing of … [Read more...]

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Great Lakes Water Quality Agreement 2012

October 23, 2012
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In 1972, United States and Canada signed the first Great Lakes Water Quality Agreement (GLWQA).  In September 7, 2013, forty years later GLWQA-4, was signed by Canada and the United States. This new Agreement places an emphasis on studying aquatic ecology to develop solutions to problems of aquatic invasive species and habitat protection.  The Agreement also comments on the impact climate change has on the Great Lakes. Some environmental activists are critical of the GLWQA-4 as being a belated recognition of climate change, that is too soft on detailing the impact of climate change on the hydrogeology of Great Lakes.  They believe GLWQA-4 fails to contain sufficient remedial measures and lacks specific goals to combat changing … [Read more...]

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Revisions to the Federal Trade Commission “Green Guides”

October 9, 2012
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The Federal Trade Commission (FTC) on October 1, 2012 released the revised "Green Guides", which is designed to help marketers with describing the environmental attributes of their products, so that advertising is truthful and non-deceptive within the meaning of the law. Revising the Green Guides has taken many years.  FTC employed a national effort to obtain public input and collect industry comments regarding the proposed revisions. In conjunction with FTC's Green Guides, the FTC has taken on the issue of defining carbon offsets, the use of green certification and seals, defining of renewable energy and renewable material claims. FTC Chairman Jon Leibowitz has stated that "the introduction of environmentally friendly products in … [Read more...]

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Regulatory Reform in Michigan’s Underground Storage Tank (“UST”) Program

July 31, 2012
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In May 2012, a six bill package was signed into law by Governor Snyder to amend the procedures for the cleanup of contamination caused by leaking USTs.  This bill package amends Michigan’s Part 213 (Leaking UST Program).  The amendments provide greater flexibility in developing a remediation plan and implementing cleanup upon identification of a leaking UST.  The amendment directs leaking USTs to be remediated in a manner consistent with American Society for Testing Materials (“ASTM”) Standard Guide for Risk Based Corrective Action as applied to Petroleum Release Site (“RBCA”). Within 180 days (it previously was 90 days) of confirming the release, the owner shall submit an initial assessment report.  It is the … [Read more...]

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Update on Michigan’s Groundwater Surface water Interface Criteria and Compliance

July 17, 2012
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On June 20, 2012, Governor Snyder signed into law Michigan’s Senate Bill No. 1090 amending MCL 324.20120(e) of Michigan’s Part 201.  As we discussed in an earlier blog entry on April 23, 2012, many owners and operators that undertake remediation have had difficulty demonstrating compliance with Michigan’s statutory requirements associated with meeting Groundwater Surface Water Interface (“GSI”) criteria. Central to the amendments is support for self-implementation by liable parties of a GSI assessment.  This flexibility in methodology, assessment and remedial design is coupled with some duties to give notice to the MDEQ.  This amendment allows parties greater flexibility in demonstrating that response activities undertaken … [Read more...]

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Written Tests Required for Operators at Underground Storage Tank (“UST”) Facilities.

July 9, 2012
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Pursuant to a federal mandate, Michigan has promulgated requirements that each UST facility have a Class A, Class B, and Class C operator.  Operator candidates will need to pass a written test in order to be certified as either a Class A or Class B operator.  A test is not required for Class C operators, but Class C operators will need to be properly trained. Class A operators have primary responsibility to operate and maintain the UST, and confirm completion of all maintenance tasks. Class B operators are generally responsible for the day-to-day operations, including maintenance and record keeping for the UST system.  A Class B operator generally has an in depth understanding of the operation and maintenance aspect of the tank … [Read more...]

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Interview: Regulatory Change for Michigan’s GSI Criteria

April 23, 2012
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I had the opportunity to interview Gary Klepper, who has a long, prestigious career in all issues associated with environmental contamination and site remediation.  Gary had a 27-year career with the Michigan Department of Environmental Quality (MDEQ) and the U.S. Geological Survey..  During the last 12 years that Gary was with the MDEQ, he held the position of District Supervisor for the Remedial Action Program.  Gary left the MDEQ in 2001, but continued his career dealing with environmental issues.  For the last 11 years, he has been a Senior Environmental Scientist, Project Manager, and Office Manager  with Conestoga-Rovers & Associates (CRA).   The following is a transcript of my interview with Gary on … [Read more...]

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Reinventing Michigan’s Cleanup and Redevelopment Programs – Update

March 13, 2012
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The Collaborative Stakeholder Initiative will be presenting its Final Report and Recommendations on Reinventing the State's Cleanup and Redevelopment Program at the Kellogg Center in East Lansing on March 15, 2012.   CSI participants and the MDEQ will be presenting the recommendations. If you are interested in the presentation, you can do the following: • ATTEND IN PERSON. To attend the event at the Kellogg Center in East Lansing, Michigan, you must fill out the online registration form here. • LISTEN REMOTELY VIA THE LIVE WEBINAR. You must register for the GotoMeeting webinar by completing the registration here.   Upon registration, you will be provided a confirmation email and the link to join the webinar. • LISTEN TO A … [Read more...]

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Reinventing Michigan’s Cleanup and Redevelopment Programs

February 27, 2012
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 Governor Snyder has publicly stated his administrative goals are to:  reinvent government  create more and better jobs  restore our cities  enhance our national and international image  protect our environment  solve problems through relentless, positive action In support of the Governor’s goals, the MDEQ has partnered with stakeholders to formulate a plan for improvements in Michigan’s environmental programs.  This effort is referred to as the Collaborative Stakeholders Initiative (“CSI”).  CSI grows out of a series of recommendations prepared by the Office of Regulatory Reinvention and that was submitted to the Governor’s office.     Participants in CSI are taking a closer look at seven key … [Read more...]

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