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EGLE announces new resource materials for Part 201 and Part 213 programs
Documentation Of Due Care Compliance Content
Response Activity Plan To Undertake Response Actions To Mitigate Unacceptable Exposures And Achieve Compliance With Section 20107a(1)(b) Content
The Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division has new Resource Materials for the Part 201 and Part 213 Programs available to assist an owner or operator (O/O) of contaminated property with documenting due care compliance under Part 201, Environmental Remediation and Part 213, Leaking Underground Storage Tanks, of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended (NREPA) Section 20114g and Section 21323n. Resource Materials are also available for a current or prospective owner or operator who wants department approval under Part 201 of proposed actions to mitigate unacceptable exposures that would achieve compliance with Section 20107a(1)(b).
DOCUMENTATION OF DUE CARE COMPLIANCE CONTENT
An O/O may submit Documentation of Due Care Compliance (DDCC) for a property under Part 201 and or Part 213 for review and approval by the department. The DDCC must contain documentation of compliance with Section 20107a or Section 21304c obligations and other information required by the department. The DDCC must provide sufficient information for the department to determine compliance with the due care obligations that are applicable to the property.
The Resource Materials contain the information that the department has determined is required to be contained within a DDCC to determine that an O/O has satisfied the Section 20107a (and Due Care Rules) or Section 21304c obligations that are applicable to the property. Use of the suggested format will assist in providing timely and consistent reviews by the department.
RESPONSE ACTIVITY PLAN TO UNDERTAKE RESPONSE ACTIONS TO MITIGATE UNACCEPTABLE EXPOSURES AND ACHIEVE COMPLIANCE WITH SECTION 20107a(1)(b) CONTENT
This Response Activity Plan may be submitted under Section 20114b for department review and approval when a potential prospective or current O/O needs to assure the property is safe for the intended current use or a planned end use (post redevelopment) and needs to conduct response activities to mitigate unacceptable exposures to comply with Section 20107a(1)(b) for all complete pathways. This submittal allows the submitter to seek a department determination as to whether the proposed response activities are acceptable to mitigate the unacceptable exposures.
The Resource Materials contain the information that the department has determined necessary for the department to assess whether the proposed response activities are acceptable to mitigate the unacceptable exposures for complete pathways. Use of the suggested format will assist in providing timely and consistent reviews by the department.
Submittal Forms For DDCC Or Response Activity Plan To Undertake Response Actions To Mitigate Unacceptable Exposures And Achieve Compliance With Section 20107a(1)(b)
The Documentation for Due Care Compliance Submittal Form (EQP 4402) and Request for EGLE Review – Response Activity Plan to Comply with Section 20107a(1)(b) Submittal Form (EQP 4380) have been updated. If you have downloaded previous versions, please update to the current versions.
Questions on these Resource Materials may be directed to Jeanne Schlaufman RRD Due Care Specialist at Schlaufmanj1@Michigan.gov, Patty Brandt, RRD Program Specialist at BrandtP@Michigan.gov, or directed to EGLE-RRD@Michigan.gov. Please do not reply to this email.
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