Bill Text: MI HB6025 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Environmental protection; cleanups; cleanup criteria; provide process for development and extend sunset. Amends sec. 20120a of 1994 PA 451 (MCL 324.20120a).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-11-10 - Bill Electronically Reproduced 11/09/2016 [HB6025 Detail]

Download: Michigan-2015-HB6025-Introduced.html

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HOUSE BILL No. 6025

 

 

November 9, 2016, Introduced by Rep. Irwin 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 2014 PA

 

542.

 

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.

 

     (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 standards 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 a 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 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

 

or controlled under provisions of a postclosure plan or a

 

postclosure agreement or by site-specific criteria approved by the

 

department under section 20120b.

 

     (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 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 2692.2697.

 

     (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 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.

 

     (17) 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.

 

     (18) (17) Not later than December 31, 2013, 2017, 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, 2017 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.

 

     (19) (18) 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.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, part 301 of the

occupational health standards, for air contaminants for general

 

industry, 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 part 430 of the occupational health standards, hazard

 

communication, rules, R 325.77001 to R 325.77004 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.

 

     (20) (19) The department shall make available the algorithms

 

used to calculate all residential and nonresidential generic

 

cleanup criteria, and tables listing, by hazardous substance, all

 

toxicity, exposure, and other algorithm factors or variables used

 

in the department's calculations.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.