SB-0606, As Passed Senate, December 13, 2024
SUBSTITUTE FOR
SENATE BILL NO. 606
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 20118, 20120a, 20120b, 20120e, and 20121 (MCL
324.20118, 324.20120a, 324.20120b, 324.20120e, and 324.20121),
section 20118 as amended and section 20121 as added by 2014 PA 542,
section 20120a as amended by 2024 PA 7, section 20120b as amended
by 2018 PA 581, and section 20120e as amended by 2012 PA 190.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 20118. (1) The department may take response activity or
2 approve of response activity proposed by a person that is
3 consistent with this part and the rules promulgated under this part
4 relating to the selection and implementation of response activity
5 that the department concludes is necessary and appropriate to
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1 protect the public health, safety, or welfare, or the environment.
2 (2) Remedial action undertaken under subsection (1) may
3 address all or a portion of contamination at a facility as follows:
4 (a) Remedial action may address 1 or more releases at a
5 facility.
6 (b) Remedial action may address 1 or more hazardous substances
7 at a facility.
8 (c) Remedial action may address contamination in 1 or more
9 environmental media at a facility.
10 (d) Remedial action may address contamination within the
11 entire facility or only a portion of a facility.
12 (e) Remedial action may address contamination at a facility
13 through any combination of subdivisions (a) through (d).
14 (2) (3) Remedial action undertaken under subsection (1) shall
15 must accomplish all of the following:
16 (a) Assure Ensure the protection of the public health, safety,
17 and welfare, and the environment with respect to the environmental
18 contamination addressed by the remedial action.
19 (b) Except as otherwise provided in subsections (3) and (4),
20 and (5), attain a degree of cleanup and control of the
21 environmental contamination addressed by the remedial action that
22 meets all of the following requirements:
23 (i) To the extent technically practical, meets the cleanup
24 criteria for the intended land use and restores any affected
25 aquifer to state drinking water standards.
26 (ii) To the extent technically practical, stops or reverses any
27 vertical or horizontal expansion of the contaminated area or a
28 ground contamination plume.
29 (iii) Otherwise complies with all applicable or relevant and
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1 appropriate requirements, rules, criteria, limitations, and
2 standards of state and federal environmental law.
3 (c) Except as otherwise provided in subsections (4) and (5),
4 be consistent with any cleanup criteria incorporated in rules
5 promulgated under this part established by the department for the
6 environmental contamination addressed by the remedial action.
7 (3) (4) The department may select or approve of a remedial
8 action meeting the criteria provided for in section 20120a that
9 does not attain a degree of control or cleanup of hazardous
10 substances that complies with R 299.3(5) or R 299.3(6) of the
11 Michigan administrative code, or both, if the department makes a
12 finding that the remedial action is protective of the public
13 health, safety, and welfare, and the environment. Notwithstanding
14 any other provision of this subsection, the department shall not
15 approve of a remedial action that does not attain a degree of
16 control or cleanup of hazardous substances that complies with R
17 299.3(5) or R 299.3(6) of the Michigan administrative code
18 Administrative Code if the remedial action is being implemented by
19 a person who is liable under section 20126 and the release was
20 grossly negligent or intentional, unless attaining that degree of
21 control is technically infeasible, or the adverse environmental
22 impact of implementing a remedial action to satisfy the rule would
23 exceed the environmental benefit of that remedial action.
24 (4) (5) A remedial action may be selected or approved pursuant
25 to subsection (4) with regard to R 299.3(5) or R 299.3(6), or both,
26 of the Michigan administrative code, Administrative Code, if the
27 department determines, based on the administrative record, that 1
28 or more of the following conditions are satisfied:
29 (a) Compliance with R 299.3(5) or R 299.3(6), or both, of the
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1 Michigan administrative code Administrative Code is technically
2 impractical.infeasible.
3 (b) The remedial action selected or approved will, within a
4 reasonable period of time, attain a standard of performance that is
5 equivalent to that required under R 299.3(5) or R 299.3(6) of the
6 Michigan administrative code.Administrative Code.
7 (c) The adverse environmental impact of implementing a
8 remedial action to satisfy R 299.3(5) or R 299.3(6), or both, of
9 the Michigan administrative code Administrative Code would exceed
10 the environmental benefit of the remedial action.
11 (d) The remedial action provides for the reduction of
12 hazardous substance concentrations in the aquifer through a
13 naturally occurring process that is documented to occur at the
14 facility, and both of the following conditions are met:
15 (i) It has been is demonstrated that there will be no adverse
16 impact on the environment as the result of migration of the
17 hazardous substances during the remedial action. , except for that
18 part of the aquifer approved by the department in connection with
19 the remedial action.
20 (ii) The remedial action includes enforceable land use
21 restrictions or other institutional controls necessary to prevent
22 unacceptable risk from exposure to the hazardous substances, as
23 defined by the cleanup criteria approved as part of the remedial
24 action.
25 Sec. 20120a. (1) The department may establish cleanup criteria
26 and approve of remedial actions in the categories listed in this
27 subsection. The cleanup category proposed must be the option of the
28 person proposing the remedial action, subject to department
29 approval if required, considering the appropriateness of the
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1 categorical criteria to the facility. The categories are as
2 follows:
3 (a) Residential.
4 (b) Nonresidential.
5 (c) Limited residential.
6 (d) Limited nonresidential.
7 (2) As an alternative to If it is technically infeasible to
8 meet the categorical criteria under subsection (1), the department
9 may approve a response activity plan, remedial action closure
10 report, or a no further action report containing that contains
11 site-specific criteria that satisfy the requirements of section
12 20120b and other applicable requirements of this part. The
13 department shall utilize only reasonable and relevant exposure
14 pathways in determining the adequacy of a site-specific criterion.
15 Additionally, the department may approve a remedial action response
16 activity plan for a designated area-wide zone encompassing that
17 encompasses more than 1 facility, and may consolidate remedial
18 actions for more than 1 facility.
19 (3) The department shall develop cleanup criteria under
20 subsection (1) based on generic human health risk assessment
21 assumptions that are determined by the department to appropriately
22 characterize patterns of human exposure associated with certain
23 land uses. The department shall consider only reasonable and
24 relevant exposure pathways and factors in determining these
25 assumptions. The department may prescribe more than 1 generic set
26 of exposure assumptions within each category described in
27 subsection (1). If the department prescribes more than 1 generic
28 set of exposure assumptions within a category, each set of exposure
29 assumptions creates a subcategory within a category described in
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1 subsection (1). The department shall specify facility
2 characteristics that determine the applicability of criteria
3 derived for these categories or subcategories. When developing and
4 promulgating publishing cleanup criteria under subsection (1),
5 (17), the department shall do all of review and consider using the
6 following :
7 (a) Except as set forth in subdivision (c), for each hazardous
8 substance, use final toxicity values from the sources for
9 determining final toxicity values:
10 (a) The United States Environmental Protection Agency
11 integrated risk information system. , or more recent
12 (b) The United States Environmental Protection Agency Office
13 of Pesticide Programs toxicity values for pesticides that are
14 incorporated by the integrated risk information system in place of
15 values that have been archived by the integrated risk information
16 system. , if available. If the United States Environmental
17 Protection Agency has determined that there is insufficient
18 scientific data to derive a value for inclusion in the integrated
19 risk information system, the department shall not derive or adopt a
20 value for that hazardous substance. If a value is not available in
21 the integrated risk information system, the department shall apply
22 the following order of precedence when selecting toxicity values:
23 (c) (i) The best value from the agency for toxic substances and
24 disease registry Agency for Toxic Substances and Disease Registry
25 within the United States Department of Health and Human Services
26 for final minimal risk levels for hazardous substances or the
27 United States Environmental Protection Agency provisional peer-
28 reviewed toxicity values.
29 (d) (ii) If a value is not available under subparagraph (i), the
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1 The best final value from the United States Environmental
2 Protection Agency health effects assessment summary table, or final
3 values adopted by other states, the World Health Organization,
4 Canada, or the European Union.
5 (e) (iii) If a value is either not available under subparagraph
6 (i) subdivision (a), (b), (c), or (ii), (d), or is unsupported based
7 on more recent scientific studies, a value may be identified
8 through the use of alternate sources or developed by the department
9 if there is sufficient supporting toxicity data and information
10 available in the peer-reviewed published scientific literature.
11 (b) Apply the following order of precedence when selecting
12 chemical or physical data for the development of cleanup criteria:
13 (i) The best relevant experimentally measured data.
14 (ii) If data is not available under subparagraph (i), the best
15 relevant modeled or estimated data.
16 (c) If the department desires to use a toxicity value or input
17 that is different than a value that is available on the United
18 States Environmental Protection Agency integrated risk information
19 system, or more recent United States Environmental Protection
20 Agency Office of Pesticide Programs toxicity values for pesticides
21 that are incorporated by the integrated risk information system in
22 place of values that have been archived by the integrated risk
23 information system, or desires to establish a value when the United
24 States Environmental Protection Agency determined that there was
25 insufficient scientific data to do so when last evaluated by the
26 United States Environmental Protection Agency, the department shall
27 provide public notice and a written explanation of its intent to do
28 so and conduct a stakeholder process to obtain input. After
29 obtaining stakeholder input, the department may promulgate a rule
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1 to use an alternative value in accordance with the order of
2 precedence set forth in subdivision (a)(i) to (iii), if the
3 department demonstrates all of the following:
4 (i) The integrated risk information system value is based on a
5 determination that is at least 10 years old.
6 (ii) There is more current data in the peer-reviewed scientific
7 literature that is used on a general basis by the United States
8 Environmental Protection Agency or multiple other regulatory
9 agencies nationally for the purpose of calculating cleanup criteria
10 or standards.
11 (iii) After assessing the body of evidence for the hazardous
12 substance using a rigorous systematic review methodology, such as
13 that used by the National Toxicology Program's Office of Health
14 Assessment and Translation and the European Food Safety Authority,
15 the weight of scientific evidence clearly supports the use of the
16 proposed value as best available science for the purpose of
17 calculating generic cleanup criteria.
18 (d) Use a daily exposure time for inhalation in the exposure
19 intake for a nonresidential worker in an algorithm or equation used
20 to calculate generic cleanup criteria under this part that is equal
21 to the average number of hours, not to exceed 10 hours, that a
22 nonresidential worker spends working in a 5-day work week according
23 to the most appropriate governmental data or information.
24 (e) When the department considers the pregnant woman as a
25 potential sensitive receptor to address prenatal developmental
26 effects, the department may apply a single-event exposure scenario
27 for a hazardous substance, under the process set forth in
28 subdivision (f), only when either of the following occurs:
29 (i) The United States Environmental Protection Agency applies a
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1 single-event exposure scenario to establish regional screening
2 levels for that hazardous substance.
3 (ii) The department demonstrates, after conducting a
4 comprehensive assessment of the specific hazardous substance, that,
5 for that specific hazardous substance, a single exposure may result
6 in an adverse effect and the weight of scientific evidence supports
7 the application of a single-event exposure scenario. The
8 department's comprehensive assessment must evaluate the body of
9 scientific evidence using a systematic review methodology, such as
10 that used by the National Toxicology Program's Office of Health
11 Assessment and Translation and the European Food Safety Authority.
12 The comprehensive assessment must, if appropriate, take into
13 account all of the following:
14 (A) Whether there is data available involving single-day
15 exposures to the hazardous substance during pregnancy.
16 (B) The differences in sensitivity, periods of development,
17 and progression of different types of developmental effects in
18 humans and animals.
19 (C) Differences in toxicokinetics between species.
20 (f) Before conducting the comprehensive assessment in
21 subdivision (e)(ii), the department shall provide public notice and
22 a written explanation of its intent to do so. On completion of the
23 assessment, the department shall conduct a stakeholder process to
24 obtain input. If, after obtaining stakeholder input, the department
25 elects to apply a single-event exposure scenario for a particular
26 hazardous substance, the department shall do so in a rule.
27 (4) If a hazardous substance poses a carcinogenic risk to
28 humans, the cleanup criteria derived for cancer risk under this
29 section must be the 95% upper bound on the calculated risk of 1
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1 additional cancer above the background cancer rate per 100,000
2 individuals using the generic set of exposure assumptions
3 established under subsection (3) for the appropriate category or
4 subcategory. If the hazardous substance poses a risk of an adverse
5 health effect other than cancer, cleanup criteria must be derived
6 using appropriate human health risk assessment methods for that
7 adverse health effect and the generic set of exposure assumptions
8 established under subsection (3) for the appropriate category or
9 subcategory. A hazard quotient of 1.0 must be used to derive
10 noncancer cleanup criteria. For the noncarcinogenic effects of a
11 hazardous substance present in soils, the intake must be assumed to
12 be 100% of the protective level, unless compound and site-specific
13 data are available to demonstrate that a different source
14 contribution is appropriate. If a hazardous substance poses a risk
15 of both cancer and 1 or more adverse health effects other than
16 cancer, cleanup criteria must be derived under this section for the
17 most sensitive effect.
18 (5) If a cleanup criterion derived under subsection (4) for
19 groundwater in an aquifer differs