SB-0531, As Passed Senate, April 19, 2012
HOUSE 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
(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
(c) "Baseline environmental assessment" means a written
Senate Bill No. 531 (H-1) as amended April 17, 2012
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.
"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.
"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
"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 20120a(1)(a) and (b).
"Corrective action" means
assessment, cleanup, removal, containment, isolation, treatment, or
of regulated substances released into the environment
the taking of such other actions as may be necessary from an
underground storage tank [system] that is necessary under this part to
prevent, minimize, or mitigate injury to the public health, safety,
or welfare, the environment, or natural resources.
"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.
"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.
"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.
"Local unit of
government" means a city, village,
township, county, fire department, or local health department as
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
(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 within the historical extent of the NAPL due to a fluctuating
(r) "Mobile NAPL" means NAPL that exceeds residual saturation,
and includes migrating NAPL, but not all mobile NAPL is migrating
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.
"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
"Owner" means a person
who holds, or at the time of a
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
liable under part
(d) "Property" means real estate that has been impacted by a
release from an underground storage tank system.
(e) "Qualified underground storage tank consultant" means a
person who meets the requirements established in section 21325.
"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
, (reapproved 2010) E1; standard guide for
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
the subsurface designation E 2531-06 E1, all of which
hereby incorporated by reference.
means any of the following:
(i) A substance defined in section 101(14) of title I of the
comprehensive environmental response, compensation, and liability
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,
U.S.C. USC 6921
(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
clean air act, chapter 360, 84 Stat. 1685, 42
"Release" means any
spilling, leaking, emitting,
discharging, escaping, or leaching from an underground storage tank
system into groundwater, surface water, or subsurface soils.
(i) "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.
(j) "Risk-based screening level" or "RBSL" means the
unrestricted residential and nonresidential generic cleanup
criteria developed by the department pursuant to part 201.
(k) "Saturated zone" means a soil area where the soil pores
are filled with groundwater and can include the presence of LNAPL.
"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
cleanup criteria for unrestricted residential use under
this part.applicable RBSL or
(m) "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.
(n) "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.
"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.
"Tier I", "tier
II", and "tier III" mean those terms
as they are used in RBCA.
"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
(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
U.S.C. USC Appx
1671 to 1677, 1679a to 1682, and 1683 to
(B) Sections 201 to 215 and 217 of the hazardous liquid
pipeline safety act of 1979, title II of Public Law 96-129, 49
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
act, title II of Public Law 89-272, 42
6939e, or a mixture of such hazardous waste and other regulated
(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
U.S.C. USC 1317
(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.
"Vadose zone" means the zone
soil between the land
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.
(c) Senate Bill No. 530.
(d) Senate Bill No. 532.
(e) Senate Bill No. 533.