Published on February 10, 2014
Changes to LUST Site Classification Presented to: Michigan Bankers Association – Environmental Affairs Committee Prepared by: Joseph Berlin, PE, CP, EP January 2014
Basics • Michigan has one of the largest aquifer systems in the world as opposed to very limited groundwater resources in neighboring states • Natural Resources and Environmental Protection Act (NREPA) – contains components (i.e. Parts) of Michigan environmental law • Part 213 – Leaking Underground Storage Tanks (LUSTs) • RBCA (pronounced “Rebecca”) – ASTM standard for Riskbased Corrective Action, Michigan adopted RBCA • Classification-early in RBCA process to focus response and cleanup efforts • NAPL - non-aqueous phase liquid (e.g. gasoline floating on water table, TCE pooled on top of clay layer) • LNAPL - light NAPL (e.g. gasoline) • QC – Qualified Consultant (eliminated in 2012)
Part 213 Site Classification • Michigan updated process effective 11/8/2013 • On the surface not a huge change but Classification is now more subjective and Consultant-driven • Class 1 – Highest or immediate risk to human health, safety or environment (HHSE) (presence of free product or NAPL) • Class 2- Short-term (0-2yrs) threat to HHSE • Class 3- Long-term (>2yrs) threat to HHSE • Class 4- No demonstrable long-term risks
Class 1 Site Common situation: Significant release with LNAPL floating on water table often with vapor migration issues. 2003 Criterion 2013 Criterion Comments Immediate threat to human health, safety, environment, or sensitive environmental receptors. Existing or immediate exposure or threat to human health, safety, environment, or sensitive environmental receptor. Fewer sites will meet narrower 2013 criterion. Free product (aka LNAPL) is present. Watch out for closures Presence of migrating non-aqueous on Class 1 sites that phase liquid (NAPL). Presence of may affect future use acute risks due to direct contact or (e.g. vapor). inhalation exposures to mobile or residual NAPL.
Class 2 Site Common Situation: Somewhat significant release often in area where groundwater is used for a drinking water source. 2003 Criteria 2013 Criteria Comments Soil samples exceed soil saturation concentrations (Csat) concentrations and/or groundwater samples exceed the solubility limit(s). Presence of mobile or residual NAPL where an unacceptable exposure may occur within two years based on the risk-based corrective action (RBCA) conceptual site model (CSM). 2013 criterion is much less specific. Room for significant consultant interpretation.
Class 3 Site Common Situation: Impact to area where groundwater is used but beyond 2 years. 2003 Criteria 2013 Criteria Comments Groundwater contamination exceeds the ambient air inhalation RBSLs, posing a chronic health risk. Mobile or residual NAPL is present and an unacceptable exposure may occur in greater than two years based on the RBCA CSM. 2013 has fewer specifics for direct comparison and much greater focus on CSM
Class 4 Site Common Situation: Impact below default criteria or exposures otherwise mitigated. 2003 Criteria 2013 Criteria Comments No demonstrable longterm threats to human health, safety, or sensitive environmental receptors. No demonstrable long term risks. More common case All chemicals of concern are post-2013 using deed below all RBSLs or all appropriate restrictions. institutional controls/deed restrictions are in place to prevent exposure to the contaminants of concern.
Additional Resources • • • • ASTM International (Environmental Standards): http://www.astm.org/Standards/environmental-standards.html MDEQ website (Op Memos): http://www.michigan.gov/deq/0,4561,7-1353311_4109_9846-101581--,00.html Environmental Bankers Association: http://www.envirobank.org/ Environmental Insurance: http://www.armr.net/ For any further questions please feel to contact: Joseph (Joe) Berlin, PE, CP, EP BLDI, Inc. 150 Fountain NE Grand Rapids, MI 49503 Phone: 616-459-3737, email: firstname.lastname@example.org http://www.bldi.com/
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