Part 213 requires corrective actions to be implemented according to ASTM International's risk-based corrective action (RBCA) process. To facilitate this, RRD has developed a Michigan RBCA (MIRBCA) technical guidance document, report forms, and FAQs.
The following are announcements related to MIRBCA and Part 213 implementation.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) Remediation and Redevelopment Division (RRD) requires that all submittals be provided using the appropriate form. Many of these forms are now only available electronically on the Remediation Information Data Exchange (RIDE). Beginning January 1st, 2026, submittals provided through regular mail, email, and other means without the required electronic submittal form in RIDE may not comply with the applicable regulatory requirements to be accepted by the department. The forms that are only available electronically through RIDE are the following:
Part 213 Submittal Forms*:
*NOTE: Also on January 1st, 2026, Part 213 submittals must contain the accompanying Michigan Risk Based Corrective Action (MIRBCA) forms, as applicable. Please visit EGLE’s Risk Based Corrective Action webpage for more information.
Part 201 Submittal Forms:
*NOTE: Form “EQP4380 - Request for EGLE Review of Response Activity Plan to Comply with 7a(1)(b)” has been rescinded. Users seeking review of this type of Response Activity should use form EQP4028 – ResAP and select ‘To Comply with Section 20107a(1)(b)’ as the type of response activity plan being submitted.
Several forms have been modified to support EGLE’s Risk Based Corrective Action (MIRBCA) program and other Part 201 program requirements. Specific information on submittal types and how to provide them can be found on the RIDE Submittal Types and Guidance webpage. On that page, users will find links that preview the form questions that are required when completing a RIDE submittal. Copies of these should not be provided as part of the report uploaded to RIDE. Rather, they are intended to support users in understanding the forms and knowing the questions in advance of doing a RIDE submittal.
RIDE is an application used by the RRD that allows for the exchange of data and information related to contaminated properties regulated under Part 201, Environmental Remediation, and Part 213, Leaking Underground Storage Tanks, of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. RIDE hosts RRD's Inventory of Facilities (IOF), which is an inventory of all known Part 201 and Part 213 facilities. Resources and guidance are available on the RIDE informational website. To submit reports using RIDE, a Third-Party user account is required. There is no cost to become a registered RIDE user. For instructions on how to become a RIDE Third-Party user, please visit the Become a RIDE User Instructions webpage.
For support using RIDE, please contact us at EGLE‑RIDE‑Admin@Michigan.gov.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) Remediation and Redevelopment Division (RRD) uses the Remediation Information Data Exchange (RIDE) to accept submittals to the department. Draft or final submissions required under legacy (“legacy” meaning prior to October 1, 2025) legal agreements must either be submitted in a manner that complies with the requirements of the legal agreement OR submitted via RIDE using the instructions below. Legal agreements include consent orders, judicial decrees, administrative orders by consent, land use agreements, and post-closure agreements.
Draft or final submissions required under a non-legacy legal agreement must be submitted via RIDE. Failure to do so may result in the submission not being accepted by the department. Specific information is available on the RIDE Legal Agreement Submissions guidance page.
Available submission types are listed on the RIDE RRD Forms Guidance webpage. If the submission type is not available in RIDE (e.g., progress reports and annual reports), the submission can be provided through RIDE using the ‘Non-Form’ option. If a legal agreement requires a draft to be submitted, drafts can be submitted in accordance with the legal agreement or through RIDE using the Non-Form option. Once a draft submission has been approved, the final submission should be provided on the appropriate RIDE EQP submittal form (FAR, NFA, etc.), or as a Non-Form if an EQP form isn’t available. Notification for approvals and denials will be done in accordance with the specific legal agreement.
All original Financial Assurance Mechanisms (FAM) (letter of credit, Certificate of Deposits, etc.) should be submitted to the RRD, Compliance & Enforcement Section Manager at the central mailing address. Operations and Maintenance (O&M) cost estimates for five-year FAM reviews related to legacy agreements can be submitted through RIDE as a non-form or according to the agreement; non-legacy agreements should submit O&M cost estimates for five-year FAM reviews through RIDE as a non-form.
To submit reports using RIDE, a Third-Party user account is required. There is no cost to become a registered RIDE user. For instructions on how to become a RIDE Third-Party user, please visit the Become a RIDE User Instructions webpage.
Questions regarding specific legal agreements should be directed to the contact listed in the legal agreement, which is generally the RRD Project Manager.
Resources and guidance are available on the RIDE informational website. For support using RIDE, please contact us at EGLE-RIDE-Admin@Michigan.gov.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) has added a Frequently Asked Questions (FAQs) section to RRD's Leaking Underground Storage Tanks (LUST) website. The FAQs cover topics related to Part 213 implementation and Michigan's risk-based corrective action (MIRBCA) process. These FAQs will be updated on an approximate biweekly to monthly schedule.
Questions about the FAQs or MIRBCA implementation can be directed to Dr. Steve Beukema, Part 213 Program Coordinator, at beukemas@michigan.gov or 269-547-0125.
Beginning October 1, 2025 the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Remediation and Redevelopment Division (RRD) will require that all submittals be provided using the appropriate submittal form, many of which will only be available via the Remediation Information Data Exchange (RIDE). Submittals provided through regular mail, email, and other means without the required RIDE submittal form may not comply with the applicable regulatory requirements to be accepted by the department.
RIDE is an application used by the RRD that allows for the exchange of data and information related to contaminated properties regulated under Part 201, Environmental Remediation, and Part 213, Leaking Underground Storage Tanks, of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. RIDE hosts RRD's Inventory of Facilities (IOF), which is an inventory of all known Part 201 and Part 213 facilities. Users have had the ability to provide submittals to RRD through RIDE for several years. In 2025 to date, over 80% of submittals received by RRD were provided electronically using RIDE.
Also beginning October 1, 2025, Part 213 submittals must comply with EGLE’s Risk Based Corrective Action (MIRBCA) program, including the MIRBCA Technical Guidance document and the Tier 1 and Tier 2 Report Forms. Reports must be drafted using the MIRBCA Report Forms and compiled into a single Portable Document Format (PDF) file. Reports must then be added as an attachment to the appropriate submittal form in RIDE, which are being modified to align with the MIRBCA requirements. This applies to the following Part 213 submittal forms:
*NOTE: The MIRBCA forms are not required for an NWA submittal and may not be required for certain SIR submittals as described in the MIRBCA technical guidance.
Part 201 submittals must also be provided using the appropriate RIDE submittal forms beginning October 1, 2025. These forms are being modified to better align with programmatic goals. This applies to the following Part 201 submittal forms:
Resources and guidance are available on the RIDE informational website. Submittals not included on this list can be provided through RIDE using the ‘Non-Form’ option. Specific information is available on the Electronic submittals guidance page.
To submit reports using RIDE, a Third-Party user account is required. There is no cost to become a registered RIDE user. For instructions on how to become a RIDE Third-Party user, please visit the Become a RIDE User Instructions webpage.
For support using RIDE, please contact us at EGLE‑RIDE‑Admin@Michigan.gov.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) has released the following updated model documents:
A Restrictive Covenant is a legal document that is signed by a property owner and is recorded with the Register of Deeds to impose activity or use limitations on a property that reduces or restricts exposure to environmental contamination left in-place. Please note, the Part 201 and Part 213 Restrictive Covenant models are not appropriate to use for other EGLE-administered programs.
A Notice of Corrective Action is a legal document that is signed by a property owner and is recorded with the register of deeds to impose only a nonresidential land use limitation on a property.
A Notice of Aesthetic Impact is a legal document that is signed by a property owner and is recorded with the register of deeds to provide notice when the remaining environmental contamination at a property creates an aesthetic impact such as adverse taste or odor.
A Public Highway Institutional Control may be used when an owner or operator determines that environmental contamination left in place within a public highway, owned or controlled by a county road commission or local unit of government, may be controlled in a manner that protects against exposure to hazardous or regulated substances.
The updated model documents can be found on the EGLE RRD website under Land or Resource Use Restrictions.
Questions regarding the model documents can be directed to Erica Bays at BaysE@Michigan.gov or 269-350-0080.
It is critical to take time to read and understand the guidance document as it represents a paradigm change in the implementation of corrective actions that aligns with the ASTM RBCA process, as required by Part 213. EGLE provided a four-part webinar training series on the MIRBCA Technical Guidance document and report forms that can be accessed at the Remediation and Risk Management webinar series.
RRD has created a series of report forms to assist users in providing information required under Part 213. The MIRBCA report forms can be downloaded from RRD's LUST webpage. The download link is to a .zip file that contains four separate documents, including: (1) Tier 1 forms, (2) Tier 2 forms, (3) a standardized format for data tables, and (4) instructions for completing the report forms. These forms provide clarity in reporting requirements, provide a means to present a systematic risk-based evaluation of data, and are required for all reports pursuant to Section 21316 of Part 213. An optional computational software package to calculate Tier 2 site-specific target levels has been developed for the MIRBCA program and will be available from a third-party vendor.
RRD will allow a phased-in approach to implementing the MIRBCA process. The MIRBCA Technical Guidance document and Report Forms are available for immediate use but will not be required until October 1, 2025. After October 1, 2025, all reports required by Part 213 (1) must be completed using the MIRBCA Report Forms and Data Tables, and (2) are intended to be submitted electronically using the Remediation Information Data Exchange (RIDE) with the required RIDE submittal form. The RIDE submittal forms for Part 213 reports (i.e., EQP cover sheets) will be available only through the RIDE system. Submittals provided through regular mail, email, and other means without the required RIDE submittal form may not comply with the applicable regulatory requirements to be accepted by the department.
Questions regarding MIRBCA implementation and Part 213 can be directed to Dr. Steve Beukema, Part 213 Program Coordinator, atBeukemaS@michigan.gov, 269-547-0125, or can be sent toEGLE-RRD-MIRBCA@michigan.gov.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) is excited to present the Remediation and Risk Management Webinar Series. This webinar series is dedicated to helping environmental professionals stay informed about issues and trends that affect remediation and risk management efforts. Registration for upcoming webinars and recordings of past webinars will be available on the Series webpage.
EGLE's Remediation and Redevelopment Division (RRD) will be releasing a Michigan-specific risk-based corrective action (MIRBCA) guidance document for conducting corrective actions at Part 213 sites and will provide a series of webinar-based training sessions as detailed below. This will be a fundamental change to how Part 213 is implemented. The MIRBCA training modules will cover the basics of the MIRBCA process and tiered risk evaluations for all exposure pathways. Qualified Underground Storage Tank Consultants are responsible for assuring that the risk at sites regulated under Part 213 is acceptable.
Registration for each module is separate - make sure you register for all 4!
This module introduces the Michigan risk-based corrective action (MIRBCA) process and provides an overview of major concepts and terminology.
The training provides an overview of site assessment (characterizing geology, receptors, NAPL, soil, and groundwater contamination), risk assessment (determining if the risk is acceptable or unacceptable for current use and future use), and risk management (options to eliminate exposure or reduce concentrations if the risk is unacceptable). The training provides an overview of an exposure model that is developed for each site, including the differences between a generic exposure model and a site-specific exposure model, and discusses the concepts of exposure domain and representative concentration.
This module describes a Tier 1 and Tier 2 evaluation for the groundwater protection exposure pathway and the surface water protection exposure pathway.
Topics include: the Tier 1 and Tier 2 exposure model for each pathway, including source area, point of exposure, and point of compliance; evaluation of pathway completeness for current use and future use; development, use, and applicability of risk-based target levels (RBTLs), and risk management options.
This module describes a Tier 1 and Tier 2 evaluation for the volatilization to indoor air pathway (VIAP).
Topics include: defining the vapor source and applying a lateral inclusion zone, identifying buildings that require risk assessment for current use, identifying exposure domain for future use in a Tier 1 and Tier 2 evaluation, vertical separation distances, and the quantitative evaluation of risk. The quantitative evaluation of risk involves determining the mechanism by which vapors enter a building and selecting the applicable fate and transport model and risk-based target levels (RBTLs). The training provides an overview of indoor air evaluation and risk management options.
This module describes a Tier 1 and Tier 2 evaluation for the surficial soil exposure pathways, which include direct contact, volatilization to ambient air inhalation, and soil particulate inhalation.
The training also provides an overview of the evaluation required in highway and road rights-of-way, and methods of evaluating groundwater data to determine dissolved plume stability.
Each webinar qualifies for 2 CEH/PDH.
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REGISTRATION QUESTIONS:
Joel Roseberry: RoseberryJ@Michigan.gov
Alana Berthold: BertholdA@Michigan.gov
Individuals needing language assistance or accommodations for effective participation at these events should contact Joel Roseberry at 517-599-9494 at least two weeks before each event to request language, mobility, visual, hearing, translation, and/or other assistance.
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color, marital status, disability, political beliefs, height, weight, genetic information, or sexual orientation in the administration of any of its programs or activities, and prohibits intimidation and retaliation, as required by applicable laws and regulations.
The Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) has released a final draft Volume 5, Response Activity for the Volatilization to the Indoor Air Pathway (VIAP). The guidance is available as downloadable PDF on RRD’s VIAP webpage. This webpage was developed to promote a consistent and informed approach for EGLE for the VIAP. Table of Contents documents for the Submission of an Active or Passive Mitigation System have also been uploaded as a resource for submitting mitigation systems to EGLE for review. The table of contents documents are considered final and can be downloaded on the website.
Please review, and if you have comments on technical approach, format, or clarity, please fill out the guidance review form posted on the website and submit it to EGLE-RRD@Michigan.gov by 5 p.m. on March 7, 2025.
The Response Activity guidance is one of seven volumes that will make up a Guidebook that will eventually update and replace the May 2013 EGLE Guidance Document for the Vapor Intrusion Pathway. The Guidebook is being developed into different volumes that will cover a specific topic so that when the document is completed, it is easier to identify where the information on a specific topic may be found. The Response Activity guidance document (Volume 5) is a concise process for the mitigation and other response activity to abate the risk from the VIAP. Attachments are included so that users and EGLE staff can be on the same page for information necessary to ensure that the response activity is protective.
Questions regarding this document may be directed to Matt Williams, Volatilization to Indoor Air Specialist, WilliamsM13@Michigan.gov or 517-881-8641, or Nick Swiger, Technical Support Section Manager, at SwigerN@Michigan.gov or 231-429-8926. Toxicology or criteria questions may be directed to Dr. Shane Morrison, Toxicology Volatilization to Indoor Air Specialist, MorrisonS5@Michigan.gov or 517-230-7570.
The Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) will be releasing a Michigan-specific risk-based corrective action (MIRBCA) guidance document for conducting corrective actions at Part 213 sites and will provide a series of webinar-based training sessions as detailed below. This will be a fundamental change to how Part 213 is implemented. RRD highly recommends that Qualified Underground Storage Tank Consultants (QCs) responsible for assessing risk at Part 213 sites also attend an additional in-class training hosted by the Michigan Petroleum Association / Michigan Association of Convenience Stores on either March 18 in Grand Rapids or March 19 in Novi that will cover the technical details of risk assessment and fate and transport modeling as a prerequisite to RRD’s webinar-based training.
RRD will be providing MIRBCA training through a series of four 2-hour web-based training modules on March 24, March 31, April 7, and April 14, that will cover the basics of the MIRBCA process and tiered risk evaluations for all exposure pathways. QCs are responsible for assuring that the risk at sites regulated under Part 213 is acceptable.
RRD will be publishing the MIRBCA guidance document and Excel-based report templates. An optional computational software to develop Tier 2 site-specific target levels (SSTLs) will also be available.
Information and registration links for RRD's webinar-based training can be found on the Remediation and Risk Management webinar series webpage. Additional information on the in-person training MPA/MACS and a registration form can be found in the included informational brochure.
EGLE will be moving forward with the transition to centralized and electronically distributed mail for all divisions. Effective January 1, 2025, all mail needs to be sent to EGLE's P.O. Box in Lansing where it can then be distributed to the appropriate district office.
EXAMPLE TEMPLATE FOR RRD
[Addressee Name]
[District Office Acronym – see list below] RRD
EGLE
PO Box 30426
Lansing MI 48909-7926
If sending correspondence to RRD’s Laboratory Services Section, use P.O. Box 30270, and the zip code should be 48909-7770
UPS/FedEx Mail (Only use this address for parcel deliveries such as reports or large records)
[Addressee Name]
[District Office Acronym – see list below] RRD
EGLE
Constitution Hall 525 West Allegan Street
Lansing MI 48933
District office acronyms
Bay City – BCDO Jackson – JDO
Cadillac – CDO Kalamazoo – KDO
Detroit – DDO Lansing – LDO
Gaylord – GDO Marquette – MDO
Grand Rapids – GRDO Warren – WDO
Please reach out to your local EGLE District Office if you have any questions.
The Michigan Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division (RRD) has updated and consolidated its guidance for the determination that groundwater is not in an aquifer.
The RRD Groundwater Not in an Aquifer Resource Materials provides guidance on the required analysis and documentation for a determination that groundwater is not in an aquifer (GWNIAA) under Part 201 and Part 213, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.
This document provides direction to assess the relevance of the exposure pathway for the ingestion of groundwater for drinking water (drinking water pathway) with a GWNIAA determination. Revisions include but are not limited to reducing the minimum number of slug test locations, allowing a GWNIAA demonstration for sites regulated by Part 213 that groundwater at a site consists of water that is trapped or isolated in fill material in an underground storage tank basin, including a receptor survey as documentation showing there are no drilled or crock wells potentially impacted by the contamination in the formation being evaluated for GWNIAA, and removing the additional considerations related to land or resource use controls. Additionally, the document recognizes that some parts of the State of Michigan are characterized or mapped with large areas of fine-grained lithology and are generally expected to be GWNIAA - the data requirements in these areas may be reduced.
General questions regarding this document may be directed to Kevin Schrems, Part 201 Program Specialist, at SchremsK@Michigan.gov or 517-275-1180, or Dr. Steve Beukema, Part 213 Program Specialist, at BeukemaS@Michigan.gov or 269-547-0125. Questions regarding the application of the guidance to a specific site should be directed to district staff where the site is located.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) has updated its policy on the use of restrictive covenants under Part 213. If a previously recorded restrictive covenant or other institutional control appropriately restricts land use and/or the necessary pathway(s) to prevent unacceptable exposure to regulated substances released into the environment, and remains in place and effective, then reliance on a previously placed restrictive covenant is acceptable under Section 21310a to prohibit or restrict activities that could result in unacceptable exposure to regulated substances released from a separate confirmed release. This is applicable for releases that occur on the restricted property or for offsite release with contamination that has migrated onto the restricted property.
The Final Assessment Report (FAR) or Closure Report (CR) must provide justification to support the use of the current restrictive covenant or other institutional control(s) and how it satisfies requirements under Part 213 and the ASTM International risk-based corrective action (RBCA) process. The FAR or CR must include a copy of all restrictive covenants that are recorded on the property with an evaluation to determine that there are no conflicts between restrictions within the restrictive covenant that is relied upon and any other restrictive covenant that restricts land use or resource use on the property.
Reliance on a previously recorded restrictive covenant does not require consent of the property owner or any utility owners that are affected by the restrictions. A party that relies on a restrictive covenant recorded by another party is not required to enforce the restrictive covenant. EGLE has the authority to enforce the restrictions set forth within the restrictive covenant through legal action in a court of competent jurisdiction. Reliance on a previously recorded restrictive covenant is specific to the exposure pathway(s) and/or land use that are restricted within the restrictive covenant. Any risk not addressed by the restrictive covenant requires appropriate corrective action.
Part 213 program questions can be directed to Steve Beukema, Part 213 Program Specialist, EGLE RRD, at 269-547-0125 or BeukemaS@michigan.gov. Questions regarding the application of the policy to a specific site should be directed to staff in the district office where the site is located.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division hereby rescinds the 2023 Addendum to the 2013 Vapor Intrusion Guidance Document that contains the Precluding Factors Checklists for the Petroleum Vapor Intrusion Lateral Inclusion Zone (EQP4470) and Vertical Separation Distance (EQP4471). The forms were created to verify that certain conditions did not exist at petroleum release sites that are outlined in the 2014 Interstate Technology and Regulatory Council (ITRC) Petroleum Vapor Intrusion document and would prevent the use of the specified lateral and vertical screening distances. With the 2024 release of Volume 4: Investigative Approaches to Petroleum Volatilization to the Indoor Air Pathway, a stepwise approach has been developed to walk users through the screening processes and data collection to evaluate site conditions and potential risks to the Volatilization to Indoor Air Pathway from petroleum releases. The release of the guidance documents makes the forms EQP4470 and EQP4471 no longer necessary.
Questions regarding this rescission may be directed to Nick Swiger, Technical Support Unit Manager, at SwigerN@Michigan.gov or 231-429-8926, or Matt Williams, Volatilization to Indoor Air Specialist, at WilliamsM13@Michigan.gov or 517-881-8641. Questions regarding the application of the guidance to a specific site should be directed to district staff where the site is located.
The Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) announces the release of the Petroleum Vapor Intrusion (PVI) guidance document. The PVI guidance document is being released as an electronic document on RRD’s Vapor Intrusion webpage. A full downloadable version of the document is available to be downloaded on the page.
The PVI guidance is one of seven volumes of a Guidebook that will eventually update and replace the May 2013 EGLE Guidance Document for the Vapor Intrusion Pathway. As EGLE updates sections of the 2013 Guidance Document, alerts and caveats will be placed in the 2013 guidance to avoid confusion. The PVI guidance document (Volume 4: Investigative Approach for Petroleum Volatilization to the Indoor Air Pathway) is a concise process for the evaluation and screening of PVI. Attachments are included to provide more information and details when needed based on site conditions.
Some highlights of the document include:
Questions regarding this document may be directed to Matt Williams, Volatilization to Indoor Air Specialist, WilliamsM13@Michigan.gov or 517-881-8641, or Nick Swiger, Technical Support Unit Manager, at SwigerN@Michigan.gov or 231-429-8926. Toxicology or criteria questions may be directed to Dr. Shane Morrison, Toxicology Volatilization to Indoor Air Specialist, MorrisonS5@Michigan.gov or 517-230-7570.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) plans to release the new RIDE Mapper application on April 22, 2024. RIDE Mapper will replace the long-standing Environmental Mapper as the Remediation and Redevelopment Division’s (RRD) interactive map viewer displaying sites of environmental contamination regulated under Part 201, leaking underground storage tank sites regulated under Part 213, and underground storage tank facilities regulated under Part 211.
RIDE Mapper will provide access to RRD’s spatial data through a more intuitive and responsive interface. The suite of tools within the map viewer provides a variety of ways to search for a site or analyze features in an area of interest. Stronger integration with RRD’s RIDE database will allow users to easily jump from the map viewer to the detailed site information including electronic documents. Connections to EGLE’s Open Data Portal make it easy to add additional data sets or connect to our data through your own mapping project.
A RIDE Mapper web page will provide information and resources, including a detailed user guide. Users will be redirected from the old Environmental Mapper pages as soon as the new system goes live.
EGLE will host a web-based training on the use of the RIDE database and the RIDE Mapper on Thursday, May 9, 2024, as part of the Land and Resource Use and Development Training Series.
For support using the RIDE Mapper application, please contact us at EGLE‑RRD‑RIDE‑Mapper@Michigan.gov.
The Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division (RRD) has updated the Recommended Parameters for Common Petroleum Products, Contained in Appendix B of the Application of Target Detection Limits and Designated Analytical Methods, on the RRD Resource Materials webpage. The recommended parameters list is based on an evaluation of multiple RRD state-funded and private party petroleum release sites that identified six (6) additional regulated substances exceeding risk-based screening levels (RBSLs) that were not included in the previous list of recommended parameters. The evaluation identified sites where at least one sample contained the compound(s) exceeding the RBSLs when no other historic petroleum indicator compounds exceeded RBSLs. The updated list will be the recommended chemicals to be analyzed to evaluate the risks from releases of common petroleum products from underground storage tanks under Part 213, Leaking Underground Storage Tanks, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and will be phased to allow laboratories to bring the analysis capabilities on-line if needed.
Questions regarding this analysis may be directed to Nick Swiger, Technical Support Unit Manager, RRD, at SwigerN@Michigan.gov or 231-429-8926. Questions regarding the application of the recommended parameters list to a specific site should be directed to district staff where the site is located.
The Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division (RRD) has updated the Appendix D.1 volatilization to indoor air pathway (VIAP) screening levels located in the 2013 Vapor Intrusion Pathway Guidance Document (2013 VI Guidance).
The Appendix D.1 nonresidential VIAP screening levels have been updated to reflect a 12-hour workday exposure time. This exposure time adjustment represents the reasonable maximum exposure estimate from Michigan-specific United States Bureau of Labor survey data.
Careful review of how the building is (or will be) used and zoned is important to determine if a nonresidential exposure scenario is appropriate for the property, facility, or site. Nonresidential VIAP screening levels are developed for healthy adult workers and potential intermittent exposure of adults and children who are customers or visitors to commercial or industrial properties during a portion of the workday. Nonresidential VIAP screening levels are not appropriate for properties where children and other sensitive populations are present on a regular basis (e.g., schools, daycare, hospitals, campgrounds, and recreational areas).
The Appendix C.7 Checklist for Determining if the Volatilization to Indoor Air Pathway Screening Levels Apply has been updated consistent with updates to Appendix D.1. When the VIAP screening levels are not applicable, RRD can assist in the development of applicable Part 201 site-specific volatilization to indoor air criteria (SSVIAC) and Part 213 VIAP site-specific target levels (SSTLs). Requests for assistance can be made using the SSVIAC or SSTL Questionnaire available on the RRD Resource Materials webpage. Alternatively, a person may develop and propose their own Part 201 SSVIAC pursuant to Section 20120b statutory provisions or VIAP SSTLs consistent with the RBCA process as implemented under Part 213.
Questions regarding documentation should be sent to the district project manager where the property, facility, or site is located or the Vapor Intrusion Technical Assistance and Program Support points of contact. For questions regarding the development or use of the VIAP screening levels, please contact Dr. Shane Morrison, RRD VIAP Toxicology and Risk Assessment Specialist, at MorrisonS5@Michigan.gov.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division hereby rescinds the 2021 Addendum to the 2013 Vapor Intrusion Guidance Document (Acute Addendum) for acute vapor hazards (toxicants) associated with petroleum releases at Part 213 sites. The Acute Addendum was created to clarify expectations for complying with Section 21307 and to address vapor hazards from acute toxicants for leaking underground storage tank releases.
Note that the Acute Addendum addressed only Part 213 releases, which are mostly only petroleum compounds, and the vapor intrusion to the indoor air pathway. While most Part 213 releases are petroleum, it is possible for a Part 213 release to include chlorinated compounds and other hazardous substances. In instances where chlorinated compounds or other hazardous compounds are released at a Part 213 site, additional consideration of the vapor intrusion to indoor air pathway is necessary.
To ensure EGLE’s guidance is protective of public health and representative of real-world scenarios, EGLE has evaluated data collected at over 90 petroleum contaminated sites. Of the 19 chemicals addressed in the Addendum, ethanol, diisopropyl ether, n-propylbenzene, and toluene are either additives of petroleum or the base components of petroleum and are the acute toxicants associated with Part 213 petroleum releases. EGLE’s data evaluation determined soil gas screening levels were not exceeded for any of these compounds except toluene. Toluene did not exceed soil gas screening levels at most sites; however, at a small number of sites where soil gas samples were collected very near or within a petroleum non-aqueous phase liquids (NAPL) body, toluene concentrations exceeded screening levels. Petroleum vapors, including toluene, rapidly degrade under aerobic conditions, therefore, the likelihood of an acute exposure from a petroleum hydrocarbon is extremely low. Based on the data evaluation, EGLE determined the sampling plan outlined in the addendum is unnecessary and the potential risks from acute petroleum hydrocarbons can be evaluated the same as other hydrocarbons at Part 213 sites.
Section 21307(2)(a) requires that acute vapor hazards from a petroleum release be evaluated. For acute hazards from potentially acute toxicants, if a potential source of vapors is present (NAPL is present or soil and/or groundwater screening levels are exceeded), there are generally 2 options for the evaluation: 1) Use vertical or horizontal separation distances to screen out a structure; 2) Use a hierarchy of soil gas and air data – if soil gas exceeds screening levels, collect sub-slab samples; if sub-slab samples exceed screening levels, collect indoor air samples. Site specific or alternative options may also be proposed for evaluation. This evaluation of the acute vapor hazards is only applicable to new releases and releases conducting initial response actions. If, at any point in the evaluation, petroleum odors have been identified in a structure, NAPL has been found to be entering directly into the structure, and/or fire and explosion hazards potentially exist, then mitigation and/or increased monitoring frequency will be necessary as part of the initial response actions under Section 21307.
Guidance on petroleum vapor intrusion and sampling for the risk evaluation from non-aerobically degrading acute toxicants will be released in the near future. In the interim, these will be evaluated on a site-by-site basis.
Questions regarding this rescission may be directed to Nick Swiger, Technical Support Unit Manager, at SwigerN@Michigan.gov or 231-429-8926 or Matt Williams, Volatilization to Indoor Air Specialist, at WilliamsM13@Michigan.gov or 517-881-8641. Questions regarding the toxicology may be directed to Dr. Shane Morrison at MorrisonS5@Michigan.gov or 517-230-7570. Questions regarding the application of the guidance to a specific site should be directed to district staff where the site is located.
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) has updated the cover sheets for Part 213 submittals to reflect a change in the site-specific target level (SSTL) review process under Part 213. The previous reference to Section 20120b of Part 201 that specified a 90-day timeframe for the department to review site-specific criteria has been removed because it does not apply to SSTLs developed as part of corrective actions implemented under Part 213. Under Part 213, SSTLs are neither approved nor denied. Rather, corrective actions are determined to be protective of public health, safety, welfare, and the environment through the selective audit of Final Assessment Reports and Closure Reports.
The cover sheets for submittals under Part 213, including Initial Assessment Report (EQP4002), Final Assessment Report (EQP4000), Supplemental Information Report (EQP4001), and Closure Report (EQP4008) are updated with SSTL-related information, appearing in item #2 of the cover sheets as follows:
The appropriate “yes” checkboxes must be marked to indicate that SSTLs (for any pathway) have been developed by the owner/operator (O/O) or that the 2020 volatilization to indoor air pathway (VIAP) screening levels are used as VIAP SSTLs with associated documentation. If the report does not rely on SSTLs developed by the O/O or the use of the 2020 VIAP screening levels, then the appropriate “no” checkboxes in item #2 of the cover sheet should be marked. There are no checkboxes on the cover sheets related to generic risk-based screening levels or RRD-developed SSTLs.
RRD will provide feedback on SSTLs as appropriate through the selective audit of Final Assessment Reports and Closure Reports. It is also RRD’s intent to provide feedback on SSTLs presented in reports that were not selected for audit or in non-auditable reports to ensure that corrective actions are protective of public health, safety, welfare, and the environment.
For Part 213 program questions, please contact Dr. Steve Beukema, Part 213 Program Specialist, at BeukemaS@Michigan.gov or 269-547-0125. For questions related to VIAP SSTL development, please contact Dr. Shane Morrison, RRD Toxicology Specialist, at MorrisonS5@Michigan.gov or 517-230-7570.
The Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division (RRD) has updated and reorganized its guidance for the characterization, remediation, and management of petroleum non-aqueous phase liquids (NAPL). It provides current references (e.g., department name, statute, and rules), clarifies RRD’s expectations with NAPL characterization using a multiple lines of evidence approach, clarifies when generic criteria or risk-based screening levels can be utilized, and outlines how to move a site with petroleum NAPL to closure or no further action. In addition, an example multiple lines of evidence evaluation table is provided as an appendix to give all users a tool and an example of how to organize site data for the evaluation of petroleum NAPL in the development of the conceptual site model. Training on the use and applications of the document will be provided in the next few months.
Questions regarding this document may be directed to Nick Swiger, Technical Support Unit Supervisor, at SwigerN@Michigan.gov or 231-429-8926. Questions regarding the application of the guidance to a specific site should be directed to staff in the district office where the site is located.
The Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD), is publishing the following policy to clarify the number of soil gas sampling events required for a Final Assessment Report (FAR). This policy was developed based on RRD's current knowledge of biodegradation of petroleum vapors and developed to be protective of human health and the environment while allowing corrective actions to move forward at petroleum releases regulated under Part 213, Leaking Underground Storage Tanks, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The policy will reduce the number of unnecessary FAR extension requests related to obtaining multiple rounds of soil gas samples prior to FAR submission. It will also allow FARs to be submitted with ongoing soil gas sampling proposed in corrective action plans, as appropriate.
If an owner or operator is using soil gas samples to evaluate the volatilization to indoor air pathway (VIAP) as part of a risk-based corrective action site assessment, RRD has decided that it is often not practicable to conduct multiple soil gas sampling events prior to the due date for a FAR, as required by Section 324.21311a. Thus, multiple rounds of soil gas sampling is not required for the purposes of a FAR. This is consistent with the approach for delineating the extent of groundwater contamination, which is often based on a single groundwater sampling event in the FAR and followed up with multiple sampling events prior to closure to demonstrate groundwater plume stability. As appropriate, a corrective action plan to address the VIAP would include additional soil gas sampling with a contingency plan to address unacceptable risks.
RRD is developing guidance for evaluating the VIAP for petroleum releases regulated by Part 213. Until such guidance is finalized, the following recommendations from Table 4‑1 and 5-3 in the 2013 Guidance Document for the Vapor Intrusion Pathway are offered to evaluate the VIAP prior to closure. Generally, when evaluating VIAP risks from petroleum, use row 1 when evaluating the VIAP risk from soil/groundwater, use row 2 when evaluating from non-aqueous phase liquid (NAPL) that is stable (residual or mobile NAPL), and use row 3 when evaluating from NAPL that is not stable (migrating NAPL).
For questions regarding the Soil Gas Sampling Requirements for Final Assessment Reports, please contact Steve Beukema, Part 213 Program Specialist, EGLE, RRD, at 269-547-0125, or BeukemaS@Michigan.gov.
On January 10, 2023, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division (RRD) revised the Precluding Factors Assessment Checklists for PVI Separation Distances. The revised Precluding Factors Assessment for the PVI Lateral Inclusion Zone Checklist and the Precluding Factors Assessment for the PVI Vertical Separation Distances Checklist update and clarify the use of both the lateral and vertical distances to appropriately screen out structures and properties from further evaluation of the volatilization to indoor pathway (VIAP) for petroleum releases.
If an Owner or Operator (O/O) previously submitted a Final Assessment Report (FAR) or Closure Report (CR) under Part 213, Leaking Underground Storage Tanks, of the NREPA, and received an insufficient information determination or denial due solely to evaluation of the VIAP, RRD recommends the O/O reevaluate the submittal.
After reevaluation, RRD recommends the O/O revise their FAR or CR to include this updated evaluation and resubmit a revised FAR or CR to the RRD District Office for audit under Part 213 if the following information is true for their submittal:
Additional information can be found by viewing the webinar Petroleum Vapor Intrusion - Updates to the Lateral Inclusion Zone Checklist and Vertical Separation Checklist.
For questions regarding the Precluding Factors Assessment Checklists for PVI Separation Distances and the VIAP in general, please contact Matt Williams, EGLE, RRD, at 517-881-8641, or WilliamsM13@Michigan.gov.
Remediation and Redevelopment Division
Steve Beukema, Part 213 Coordinator
BeukemaS@Michigan.gov or 269-547-0125
Bureau of Fire Services, Department of Licensing and Regulatory Affairs
LARA-UST-AST@Michigan.gov or 517-241-8847
