RRD News and Info - Part 213 Reporting Extension and Audit Extension Procedure Update

Update To The Part 213 Reporting Extension and Audit Extension Procedure 

Part 213, Leaking Underground Storage Tanks, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Part 213) Section 21313a(3) allows EGLE to approve extensions of the statutory reporting deadlines for good cause upon an owner’s or operator’s (O/O’s) written request 15 days prior to the reporting deadline. The Remediation and Redevelopment Division (RRD) has developed a Policy and Procedure to establish a process for granting extensions. RRD-23 covers responses to an O/O’s request for an extension to Part 213 Initial Assessment Report (IAR) and Final Assessment Report (FAR) reporting deadlines. This procedure does not address a reporting extension for the Closure Report because there is no specific submittal deadline identified in the statute.

The procedures of this policy are intended to provide direction to RRD staff that will result in consistent application of granting extensions for good cause.

The key determination of whether the RRD will grant an extension of time is based on what constitutes “good cause”. The procedure provides several examples that are identified that would constitute good cause and allows other circumstances to be evaluated by RRD Field Operations Section management.

To be effective, requests for an extension from an O/O for an extension should include:

• Progress of the corrective actions at the site.
• Site classification or status of determining site classification.
• Good cause basis for requesting an extension.

Key points:

• It is a statutory requirement that the O/O submit a written request for extension at least 15 days prior to the report submittal deadline to be eligible for a deadline extension. The department has no authority to grant any extension if requested less than 15 days prior to the report’s deadline.
• If the circumstances for requesting an IAR extension will result in a delay in the submittal of the FAR, then an extension for the IAR and FAR can be requested at the same time or separately. 
• If an O/O has received a previous extension for a given site and the O/O makes a subsequent extension request, it will only be considered if the O/O shows specific changes in circumstances from the first extension approval.
• When a second request is approved it will indicate that it is the FINAL extension approval. A request for a third extension will be denied unless there are extenuating circumstances.
• There is no standard time frame for an extension. All time frames will be considered on a case-by-case basis and will only be granted if determined appropriate for the circumstances that warranted the extension.

For questions related to this notice please contact David O’Donnell, RRD Field Operations Manager-West at OdonnellD@Michigan.gov; or Mary Miller, RRD Field Operations Manager-East at MillerM61@Michigan.gov.

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