COVID-19 Affect On Meeting The Time Frame For Conducting Baseline Environmental Assessments

FOLLOW-UP:  COVID-19 Affect On Meeting The Time Frame For Conducting Baseline Environmental Assessments

On March 26, 2020 EGLE announced it would address the inability to conduct a baseline environmental assessment (BEA) within the 45 days from date of purchase, occupancy, or foreclosure via a request that the delay is inconsequential as allowed by Part 201, Section 20126(1)(c)(ii), Environmental Remediation or Part 213, Leaking Underground Storage Tanks, Section 21323a(1)(b)(iii), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. 

The announcement stated that a BEA conducted for properties purchased, occupied, or foreclosed on or after February 1, 2020, should be submitted to EGLE with a cover letter indicating the submitter is seeking an inconsequential determination for failure to meet the 45-day statutory requirement to have conducted the BEA.  The letter should clearly indicate the submitter is seeking an inconsequential determination and the failure was due to limitations associated with the executive orders issued by Governor Whitmer related to the Coronavirus pandemic.  The information to support how the failure to meet the time frame for conducting the BEA should be included with the letter.

The Remediation and Redevelopment Division (RRD) has developed a checklist to assist RRD staff in determining, based on the information submitted, whether the submitters failure to conduct the BEA within the statutory time frame was due to COVID-19 (available below).  A person may include this checklist along with the information and cover letter referenced in the original announcement.

For questions related to this notice please contact Jeanne Schlaufman, BEA and Due Care Specialist, Warren District Office, RRD, EGLE at schlaufmanj1@michigan.gov.

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