SB-0531, As Passed Senate, January 24, 2012

SUBSTITUTE FOR

SENATE BILL NO. 531

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 21302 and 21303 (MCL 324.21302 and 324.21303),

section 21302 as amended by 1995 PA 22 and section 21303 as amended

by 1996 PA 116.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 21302. As used in this part:

(a) "Air" means ambient or indoor air at the point of

exposure.

(b) "All appropriate inquiry" means an evaluation of

environmental conditions at a property at the time of purchase,

occupancy, or foreclosure that reasonably defines the existing

conditions and circumstances at the property in conformance with 40

CFR 312.

document that describes the results of an all appropriate inquiry

and the sampling and analysis that confirm that the property is a

site. However, for purposes of a baseline environmental assessment,

the all appropriate inquiry under 40 CFR 312.20(a) may be conducted

within 45 days after the date of acquisition of a property and the

components of an all appropriate inquiry under 40 CFR 312.20(b) and

40 CFR 312.20(c)(3) may be conducted or updated within 45 days

after the date of acquisition of a property.

(d) ~~(a)~~ "Biota" means the plant and animal life in an area

affected by a corrective action plan.

(e) "Capillary fringe" means the portion of the aquifer above

an unconfined saturated zone in which groundwater is drawn upward

by capillary force and can include the presence of LNAPL.

(f) ~~(b)~~ "Consultant" means a person ~~on the list of qualified~~

~~underground storage tank consultants prepared pursuant to section~~

~~21542.~~that meets the requirements set forth in section 21325.

(g) ~~(c)~~ "Contamination" means the presence of a regulated

substance in soil, surface water, or groundwater or air that has

been released from an underground storage tank system at a

concentration exceeding the level set forth in the RCBA tier I

screening levels established under section 20120(a)(i)(A) and (B).

(h) ~~(d)~~ "Corrective action" means the investigation,

assessment, cleanup, removal, containment, isolation, treatment, or

monitoring of regulated substances released into the environment ,

~~or the taking of such other actions as may be necessary~~ from an

underground storage tank that is necessary under this part to

prevent, minimize, or mitigate injury to the public health, safety,

or welfare, the environment, or natural resources.

~~(e) "De minimis spill" means a spill of petroleum as that term~~

~~is described in section 21303(d)(~~ii~~) that contaminates not more than~~

~~20 cubic yards of soil per underground storage tank or 50 cubic~~

~~yards of soil per location, in which groundwater has not been~~

~~affected by the spill, and which is abated pursuant to section~~

~~21306.~~

~~(f) "Free product" means a regulated substance in a liquid~~

~~phase equal to or greater than 1/8 inch of measurable thickness,~~

~~that is not dissolved in water, and that has been released into the~~

~~environment.~~

(i) "DNAPL" means a dense nonaqueous-phase liquid with a

specific gravity greater than 1 and composed of 1 or more organic

compounds that are immiscible or sparingly soluble in water. DNAPL

encompasses all potential occurrences of DNAPL.

(j) "Grab sample" means a single sample or measurement taken

at a specific time or over as short a period as feasible.

(k) ~~(g)~~ "Groundwater" means water below the land surface in

the zone of saturation and capillary fringe.

(l) "Groundwater not in an aquifer" means the saturated

formation below the land surface that yields groundwater at an

insignificant rate considering the local and regional hydrogeology

and is not likely in hydraulic communication with groundwater in an

aquifer. This includes water trapped or isolated in fill material

in an underground storage tank or equivalent basin.

(m) ~~(h)~~ "Heating oil" means petroleum that is no. 1, no. 2,

no. 4-light, no. 4-heavy, no. 5-light, no. 5-heavy, and no. 6

technical grades of fuel oil; other residual fuel oils including

navy special fuel oil and bunker c; and other fuels when used as

substitutes for 1 of these fuel oils. Heating oil is typically used

in the operation of heating equipment, boilers, or furnaces.

(n) "LNAPL" means a light nonaqueous-phase liquid having a

specific gravity less than 1 and composed of 1 or more organic

compounds that are immiscible or sparingly soluble in water, and

the term encompasses all potential occurrences of LNAPL.

(o) ~~(i)~~ "Local unit of government" means a city, village,

township, county, fire department, or local health department as

defined in section 1105 of the public health code, ~~Act No. 368 of~~

~~the Public Acts of 1978, being section 333.1105 of the Michigan~~

~~Compiled Laws.~~1978 PA 368, MCL 333.1105.

(p) "Low flow sampling" means minimal drawdown groundwater

sampling procedures as described in the United States environmental

protection agency, office of research and development, office of

solid waste and emergency response, EPA/540/S-95/504, December,

1995, EPA groundwater issue.

(q) "Migrating NAPL" means NAPL that is observed to spread or

expand laterally or vertically or otherwise result in an increased

volume of the NAPL extent, usually indicated by time series data or

observation. Migrating NAPL does not include NAPL that appears in a

well due to a fluctuating water table. Migrating NAPL includes

mobile LNAPL as defined in ASTM E 2531-06e1.

(r) "Mobile NAPL" means NAPL that exceeds residual saturation,

and includes migrating NAPL, but not all mobile NAPL is migrating

NAPL. Mobile NAPL includes free LNAPL as defined in ASTM E 2531-

06e1

Sec. 21303. As used in this part:

(a) "NAPL" means a nonaqueous-phase liquid or a nonaqueous-

phase liquid solution composed of 1 or more organic compounds that

are immiscible or sparingly soluble in water. NAPL includes both

DNAPL and LNAPL.

(b) ~~(a)~~ "Operator" means a person who is presently, or was at

the time of a release, in control of, or responsible for, the

operation of an underground storage tank system and who is liable

under part ~~201.~~213.

release who held, a legal, equitable, or possessory interest of any

kind in an underground storage tank system or in the property on

which an underground storage tank system is located including, but

not limited to, a trust, vendor, vendee, lessor, or lessee and who

is liable under part ~~201.~~213.

(d) "Qualified underground storage tank consultant" means a

person who meets the requirements established in section 21325.

(e) ~~(c)~~ "RBCA" means the American society for testing and

materials (ASTM) document entitled standard guide for risk-based

corrective action applied at petroleum release sites, designation E

1739-95 , (reapproved 2010) E1; standard guide for risk-based

corrective action designation E 2081-00 (reapproved 2010) E1; and

standard guide for development of conceptual site models and

remediation strategies for light nonaqueous-phase liquids released

to the subsurface designation E 2531-06 E1, all of which is are

hereby incorporated by reference.

(f) ~~(d)~~ "Regulated substance" means any of the following:

(i) A substance defined in section 101(14) of title I of the

comprehensive environmental response, compensation, and liability

act of 1980, Public Law 96-510, 42 ~~U.S.C.~~ USC 9601, but not

including a substance regulated as a hazardous waste under subtitle

C of the solid waste disposal act, title II of Public Law 89-272,

42 ~~U.S.C.~~ USC 6921 to 6939e.

(ii) Petroleum, including crude oil or any fraction of crude

oil that is liquid at standard conditions of temperature and

pressure (60 degrees Fahrenheit and 14.7 pounds per square inch

absolute). Petroleum includes but is not limited to mixtures of

petroleum with de minimis quantities of other regulated substances

and petroleum-based substances composed of a complex blend of

hydrocarbons derived from crude oil through processes of

separation, conversion, upgrading, or finishing such as motor

fuels, jet fuels, distillate fuel oils, residual fuel oils,

lubricants, and petroleum solvents.

(iii) A substance listed in section 112 of part A of title I of

the clean air act, chapter 360, 84 Stat. 1685, 42 ~~U.S.C.~~ USC 7412.

(g) ~~(e)~~ "Release" means any spilling, leaking, emitting,

discharging, escaping, or leaching from an underground storage tank

system into groundwater, surface water, or subsurface soils.

(h) "Residual NAPL saturation" means the range of NAPL

saturations greater than zero NAPL saturation up to the NAPL

saturation at which NAPL capillary pressure equals pore entry

pressure and includes the maximum NAPL saturation, below which NAPL

is discontinuous and immobile under the applied gradient. Residual

NAPL saturation includes residual LNAPL as defined in ASTM E 2531-

06e1.

(i) "Risk-based screening level" or "RBSL" means the

unrestricted residential and nonresidential generic cleanup

criteria developed by the department pursuant to part 201.

(j) "Saturated zone" means a soil area where the soil pores

are filled with groundwater and can include the presence of LNAPL.

(k) ~~(f)~~ "Site" means a location where a release has occurred

or a threat of release exists from an underground storage tank

system, excluding any location where corrective action was

completed which satisfies the cleanup criteria for unrestricted

residential use under this part.

(l) "Surface water" means all of the following, but does not

include groundwater or an enclosed sewer, other utility line, storm

water retention basin, or drainage ditch:

(i) The Great Lakes and their connecting waters.

(ii) All inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(m) "Site-specific target level" or "SSTL" means an RBCA risk-

based remedial action target level for contamination developed for

a site under RBCA tier II and tier III evaluations.

(n) ~~(g)~~ "Threat of release" or "threatened release" means any

circumstance that may reasonably be anticipated to cause a release.

Threat of release or threatened release does not include the

ownership or operation of an underground storage tank system if the

underground storage tank system is operated in accordance with part

211 and rules promulgated under that part.

(o) ~~(h)~~ "Tier I", "tier II", and "tier III" mean those terms

as they are used in RBCA.

(p) ~~(i)~~ "Underground storage tank system" means a tank or

combination of tanks, including underground pipes connected to the

tank or tanks, which is, was, or may have been used to contain an

accumulation of regulated substances, and the volume of which,

including the volume of the underground pipes connected to the tank

or tanks, is 10% or more beneath the surface of the ground. An

underground storage tank system does not include any of the

following:

(i) A farm or residential tank of 1,100 gallons or less

capacity used for storing motor fuel for noncommercial purposes.

(ii) A tank used for storing heating oil for consumptive use on

the premises where the tank is located.

(iii) A septic tank.

(iv) A pipeline facility, including gathering lines regulated

under either of the following:

(A) The natural gas pipeline safety act of 1968, Public Law

90-481, 49 ~~U.S.C.~~ USC Appx 1671 to 1677, 1679a to 1682, and 1683 to

1687.

(B) Sections 201 to 215 and 217 of the hazardous liquid

pipeline safety act of 1979, title II of Public Law 96-129, 49

~~U.S.C.~~ USC Appx 2001 to 2015.

(v) A surface impoundment, pit, pond, or lagoon.

(vi) A storm water or wastewater collection system.

(vii) A flow-through process tank.

(viii) A liquid trap or associated gathering lines directly

related to oil or gas production and gathering operations.

(ix) A storage tank situated in an underground area such as a

basement, cellar, mineworking, drift, shaft, or tunnel if the

storage tank is situated upon or above the surface of the floor.

(x) Any pipes connected to a tank that is described in

subdivisions (i) to (ix).

(xi) An underground storage tank system holding hazardous

wastes listed or identified under subtitle C of the solid waste

disposal act, title II of Public Law 89-272, 42 ~~U.S.C.~~ USC 6921 to

6939e, or a mixture of such hazardous waste and other regulated

substances.

(xii) A wastewater treatment tank system that is part of a

wastewater treatment facility regulated under section 307(b) of

title III or section 402 of title IV of the federal water pollution

control act, 33 ~~U.S.C.~~ USC 1317 and 1342.

(xiii) Equipment or machinery that contains regulated substances

for operational purposes such as hydraulic lift tanks and

electrical equipment tanks.

(xiv) An underground storage tank system that has a capacity of

110 gallons or less.

(xv) An underground storage tank system that contains a de

minimis concentration of regulated substances.

(xvi) An emergency spill or overflow containment underground

storage tank system that is expeditiously emptied after use.

(q) ~~(j)~~ "Vadose zone" means the ~~zone~~ soil between the land

surface and the ~~water table, or zone of saturation.~~ top of the

capillary fringe. Vadose zone is also known as an unsaturated zone

or a zone of aeration.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

(a) Senate Bill No. 528.

(b) Senate Bill No. 529.

(d) Senate Bill No. 532.

(e) Senate Bill No. 533.