Environmental Risk Management - Changes to regulations related to classification of Leaking Underground Storage Tanks

1. Changes to LUST Site Classification
Presented to:
Michigan Bankers Association – Environmental Affairs Committee
Prepared by: Joseph Berlin, PE, CP, EP
January 2014

2. 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)

3. 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

4. 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.

5. 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.

6. 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

7. 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.

8. 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: jberlin@bldi.com
http://www.bldi.com/