Generic Cleanup Criteria Proposed Rules Revisions

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VIAP CALCULATOR RELEASE FOR EVALUATION PURPOSES ONLY

As part of the ongoing process to update the Cleanup Criteria Rules, the proposed rule revisions include a tiered approach to address the Volatilization to Indoor Air Pathway (VIAP). The proposed tiered approach allows a person to utilize facility-specific site conditions to develop generic volatilization to indoor air criteria (VIAC). The generic VIAC are used to evaluate risks to human health and self-implement response activities.

The MDEQ is developing a VIAP calculator as a tool to assist in the implementation of the proposed rules associated with the VIAP. An operating version of the trial calculator is being provided to give users an opportunity to discover how varying inputs to the calculator under the proposed tiered approach affect the resulting criteria. A version of the trial calculator, including the scripts and coding, is also provided for those interested. With rule promulgation, the MDEQ intends to issue a final version of the calculator that is web-based.   

Calculator results may not be used for pathway compliance determinations.  Results do not represent MDEQ-approved site-specific criteria.  Therefore, submittals to the MDEQ may not rely upon calculator results. 

The calculator was developed with Microsoft ® Excel 2016 and may not work on other programs or on other versions of Excel.  Sample results are provided to assist in verifying the calculator results from your system.

While the release of the Excel version of the calculator for evaluation is provided to assist in understanding the proposed rules, any public comments on the proposed cleanup criteria rules for VIAP must address actual rule provisions. The calculator as a tool to implement the proposed rule is not part of the rules package. Therefore, comments regarding how the calculator operates are outside of the rule making process and need not be provided as an official comment on the proposed rules.

 

Open operating calculator Opens the Script Calculator

 

DRINKING WATER CRITERIA FOR PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANESULFONIC ACID (PFOS)
The DEQ has developed drinking water criteria for perfluorooctanoic acid (PFOA) [CAS # 335-67-1] and perfluorooctanesulfonic acid (PFOS) [CAS # 1763-23-1]. The residential and nonresidential drinking water criteria are 0.07 μg/L (70 parts per trillion) for the combined concentrations of PFOA and PFOS.  These criteria will take effect January 10, 2018. 

The legal basis for development of the generic cleanup criteria is Part 201, and its administrative rules. Rule provisions [R 299.6(9) et al] allow the department to determine that a substance not listed in the generic cleanup criteria tables is a hazardous substance using best available information about toxicological and physical-chemical properties of the substance, and to use that information to develop a generic criterion. The new criteria developed pursuant to these rules take effect when published and announced by the MDEQ. 

The generic residential and nonresidential drinking water criteria for PFOA and PFOS are not calculated using the algorithms of R 299.10 or the toxicological or chemical-physical data of R 299.50, consistent with provisions of R 299.6, R 299.10(3) and R 299.34. The PFOA and PFOS drinking water criteria are the health advisory values as presented in the United States Environmental Protection Agency Drinking Water Health Advisories for Perfluorooctanoic Acid (PFOA), EPA 822-R-16-005, May 2016 and Perfluorooctane Sulfonate (PFOS), EPA 822-R-16-004, May 2016. Compliance with the drinking water criteria requires comparing the sum of the PFOA and PFOS groundwater concentrations to the drinking water criteria of 0.07 μg/L. The drinking water criteria for PFOA and PFOS protect for both short-term developmental and chronic exposures.

The target detection limit (TDL) for PFOA and PFOS is 0.005 ug/L (5 parts per trillion) in water. The TDL will be incorporated into the next revision of the published MDEQ list of Target Detection Limits and designated analytical methods. 

 

WEBINAR Calculating the Generic Criteria for the Volatilization to Indoor Air Pathway (VIAP)
The DEQ invited the public to participate in a webinar Wednesday, January 10, 2018 from 1:00 to 2:30 pm.  Over 500 people participated in the webinar.  The webinar showcased the tool the DEQ is developing to assist in the implementation of the proposed rules associated with the VIAP.  The webinar explained and demonstrated how the VIAP calculator implements the proposed rules and how it generates generic criteria using facility-specific inputs.  

COMPREHENSIVE CLEANUP CRITERIA RULES UPDATE 2017
The DEQ, Remediation and Redevelopment Division (RRD), has prepared a revised comprehensive update to Part 201 Cleanup Criteria Rules that reflects revisions from previous public comments and stakeholder discussions. The DEQ began the formal process for the comprehensive rules package with the publication of the rules package in the Michigan Register on December 15, 2017. 

The proposed rules document with the newly incorporated revisions highlighted in yellow is provided for review. 

A comparison of the proposed cleanup criteria rules with the 2013 rules is included with the latest iteration. 

The DEQ has also prepared a preliminary version of the response to comments received to assist in explanation of the revisions. 

In addition, in March 2018, the DEQ received the Report from Public Sector Consultants that provides perspectives of some stakeholders related to the process by which the criteria were developed.

2017-2018 PUBLIC COMMENT PERIOD

The comprehensive rule package was published in the Michigan Register December 15, 2017, initiating the formal public comment period.  The public comment period was extended, and in order to be considered, public comments must be received (not postmarked) by 5:00 pm, Friday, February 16, 2018.  Comments may be electronically submitted to DEQ-RRDCriteria@michigan.gov or mailed to the following address:

Remediation and Redevelopment Division
Michigan Department of Environmental Quality
(Attention: Dan Yordanich)
P.O. Box 30426
Lansing, Michigan 48909-7926

2018 PUBLIC HEARING

A public hearing was held Thursday, January 18, 2018 at Constitution Hall from 2:00 pm to 4:00 pm.

HISTORICAL INFORMATION

2017 PUBLIC INFORMATION MEETINGS
The DEQ held four informal information sessions designed to provide an overview of the overall changes and give the participants an opportunity to speak with RRD staff about the proposed changes to the Cleanup Criteria Rules. The meetings included more detail regarding the Volatilization to Indoor Air Pathway (VIAP) revisions, with an opportunity for participants to observe how the VIAP Tiered Process addresses facility-specific site conditions.

 

DATE

TIME

  LOCATION

  October 11, 2017

6:00 pm - 8:00 pm

  Holiday Inn Ann Arbor  
  3600 Plymouth Road
  Ann Arbor, MI 48105

  October 18, 2017

10:00 am - 12:00 pm

  Grand Traverse Resort
  100 Grand Traverse Village BLVD
  Acme, MI 49610

  October 26, 2017

10:00 am - 12:00 pm

  L.V. Eberhard Center
  Grand Valley State University
  301 West Fulton Street
  Grand Rapids, MI 49504-6495

  December 8, 2017

10:00 am - 12:00 pm

  Constitution Hall
  ConCon Conference Room
  525 West Allegan Street
  Lansing, MI 48933   

 

1,4-DIOXANE RULES – OCTOBER 2017
The 1,4-dioxane Rule package specific to the residential drinking water criterion was promulgated on October 20, 2017, and was effective immediately.  A copy of the Cleanup Criteria Requirements for Response Activity Rules that incorporates this revision for 1,4-dioxane is available.

August 2017
1,4-dioxane Rules:
The DEQ proposed an amendment to the Cleanup Criteria Rules for 1,4-dioxane.  Due to the impending expiration of the Emergency Rule and the anticipated timeline for the comprehensive Part 201 Cleanup Criteria Rule amendment package, the DEQ moved forward with the 1,4-dioxane rule to preserve our ability to use the best available scientific information regarding 1,4-dioxane for the residential drinking water pathway at sites throughout the state.  A copy of the  proposed 1,4-dioxane rule is available on the Office of Regulatory Invention’s website [2017-041 EQ].  Information regarding the residential drinking water criterion equations and exposure assumptions  and the United States Environmental Protection Agency’s IRIS Summary and Toxicological Review of 1, 4-dioxane is available.  The public comment was August 1st - August 22nd with a public hearing for the proposed rule held on August 22, 2017. 

October 2016
Revisions to the Proposed Cleanup Criteria Rules based on comments received since May 2016.

June 2016
Cleanup Criteria and Screening Levels Development and Application background document for the criteria and screening levels.

May 2016

The DEQ, Remediation and Redevelopment Division (RRD), has completed a comprehensive update of the generic cleanup criteria utilizing the latest scientific information for over 300 hazardous substances regulated in Michigan. 

2016 PUBLIC INFORMATION MEETINGS
A series of five public information meetings regarding the May 2016 Rules package were held from May through June at locations in Grand Rapids, Ann Arbor, Lansing, Gaylord, and Bay City.

2016 PUBLIC COMMENT PERIOD
October 4 through October 18 - Comments were received regarding the October 2016 Rules package.

June 17 through September 13 - Comments were received regarding the May 2016 Rules package.

2016 PUBLIC HEARINGS

Public hearings were held October 17, 2016 for the October 2016 Rules package and September 12, 2016 for the May 2016 Rules package.

LAWS AND RULES

  • Part 201, Environmental Remediation
  • Part 213, Leaking Underground Storage Tanks
  • Rules for Remediation and Redevelopment Division