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Generic Cleanup Criteria Proposed Rules Revisions

Grand Traverse Rivers Edge
Environment, Great Lakes, and Energy

Generic Cleanup Criteria Proposed Rules Revisions

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Michigan limits on PFAS in public drinking water supplies added to groundwater clean-up rules (March 23, 2022)

DRINKING WATER CRITERIA FOR PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANESULFONIC ACID (PFOS)

EGLE previously developed generic cleanup criteria for groundwater used as drinking water for PFOA and PFOS that were effective January 10, 2018. As established under Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended [MCL 324.20120a(5)], the state drinking water standards become the PFOA and PFOS generic cleanup criteria for groundwater used as drinking water.

The state drinking water standards 0.008 µg/L (parts per billion) and 0.016 µg/L, respectively for PFOA and PFOS, are effective August 3, 2020 and replace the previously established residential and nonresidential drinking water criteria of 0.07 µg/L for the combined concentrations of PFOA and PFOS. The generic groundwater criteria table and associated footnote have been revised to reflect the changes for PFOA and PFOS generic cleanup criteria for groundwater used as drinking water. The updated criteria tables and footnote can be found at Michigan.gov/EGLERRD.

The target detection limits (TDL) for PFOA and PFOS are 0.005 µg/L in water.

The remaining established PFAS state drinking water standards do not currently have respective generic cleanup criteria. EGLE must follow the process set forth by statute and rule to establish criteria because there are no criteria currently for these substances.

THE PROCESS TO UPDATE THE GENERIC CLEANUP CRITERIA RULES IS CURRENTLY ON HOLD. THIS INFORMATION IS BEING MAINTAINED FOR REFERENCE.

VIAP CALCULATOR RELEASE FOR EVALUATION PURPOSES ONLY

As part of the ongoing process to update the Cleanup Criteria Rules, the proposed rule revisions include a tiered approach to address the Volatilization to Indoor Air Pathway (VIAP). The proposed tiered approach allows a person to utilize facility-specific site conditions to develop generic volatilization to indoor air criteria (VIAC). The generic VIAC are used to evaluate risks to human health and self-implement response activities.

EGLE is developing a VIAP calculator as a tool to assist in the implementation of the proposed rules associated with the VIAP. An operating version of the trial calculator is being provided to give users an opportunity to discover how varying inputs to the calculator under the proposed tiered approach affect the resulting criteria. A version of the trial calculator, including the scripts and coding, is also provided for those interested. With rule promulgation, the EGLE intends to issue a final version of the calculator that is web-based.

Calculator results may not be used for pathway compliance determinations. Results do not represent EGLE-approved site-specific criteria. Therefore, submittals to EGLE may not rely upon calculator results.

The calculator was developed with Microsoft ® Excel 2016 and may not work on other programs or on other versions of Excel. Sample results are provided to assist in verifying the calculator results from your system.

While the release of the Excel version of the calculator for evaluation is provided to assist in understanding the proposed rules, any public comments on the proposed cleanup criteria rules for VIAP must address actual rule provisions. The calculator as a tool to implement the proposed rule is not part of the rules package. Therefore, comments regarding how the calculator operates are outside of the rule making process and need not be provided as an official comment on the proposed rules.

Open operating calculator Opens the Script Calculator

WEBINAR Calculating the Generic Criteria for the Volatilization to Indoor Air Pathway (VIAP)

EGLE invited the public to participate in a webinar Wednesday, January 10, 2018 from 1:00 to 2:30 pm. Over 500 people participated in the webinar. The webinar showcased the tool EGLE is developing to assist in the implementation of the proposed rules associated with the VIAP. The webinar explained and demonstrated how the VIAP calculator implements the proposed rules and how it generates generic criteria using facility-specific inputs.

COMPREHENSIVE CLEANUP CRITERIA RULES UPDATE 2017

EGLE, Remediation and Redevelopment Division (RRD), has prepared a revised comprehensive update to Part 201 Cleanup Criteria Rules that reflects revisions from previous public comments and stakeholder discussions. The DEQ began the formal process for the comprehensive rules package with the publication of the rules package in the Michigan Register on December 15, 2017.

The proposed rules document with the newly incorporated revisions highlighted in yellow is provided for review.

A comparison of the proposed cleanup criteria rules with the 2013 rules is included with the latest iteration.

EGLE has also prepared a preliminary version of the response to comments received to assist in explanation of the revisions.

In addition, in March 2018, the DEQ received the Report from Public Sector Consultants that provides perspectives of some stakeholders related to the process by which the criteria were developed.

2017-2018 PUBLIC COMMENT PERIOD

The comprehensive rule package was published in the Michigan Register December 15, 2017, initiating the formal public comment period. The public comment period was extended, and in order to be considered, public comments must be received (not postmarked) by 5:00 pm, Friday, February 16, 2018. Comments may be electronically submitted to EGLE-RRDCriteria@michigan.gov or mailed to the following address:

Remediation and Redevelopment Division
EGLE
(Attention: Dan Yordanich)
P.O. Box 30426
Lansing, Michigan 48909-7926

2018 PUBLIC HEARING

A public hearing was held Thursday, January 18, 2018 at Constitution Hall from 2:00 pm to 4:00 pm.

HISTORICAL INFORMATION

2017 PUBLIC INFORMATION MEETINGS

EGLE held four informal information sessions designed to provide an overview of the overall changes and give the participants an opportunity to speak with RRD staff about the proposed changes to the Cleanup Criteria Rules. The meetings included more detail regarding the Volatilization to Indoor Air Pathway (VIAP) revisions, with an opportunity for participants to observe how the VIAP Tiered Process addresses facility-specific site conditions.

DATE

TIME

LOCATION

October 11, 2017

6:00 pm - 8:00 pm

Holiday Inn Ann Arbor
3600 Plymouth Road
Ann Arbor, MI 48105

October 18, 2017

10:00 am - 12:00 pm

Grand Traverse Resort
100 Grand Traverse Village BLVD
Acme, MI 49610

October 26, 2017

10:00 am - 12:00 pm

L.V. Eberhard Center
Grand Valley State University
301 West Fulton Street
Grand Rapids, MI 49504-6495

December 8, 2017

10:00 am - 12:00 pm

Constitution Hall
ConCon Conference Room
525 West Allegan Street
Lansing, MI 48933

1,4-DIOXANE RULES - OCTOBER 2017
The 1,4-dioxane Rule package specific to the residential drinking water criterion was promulgated on October 20, 2017, and was effective immediately. A copy of the Cleanup Criteria Requirements for Response Activity Rules that incorporates this revision for 1,4-dioxane is available.

August 2017
1,4-dioxane Rules:
The DEQ proposed an amendment to the Cleanup Criteria Rules for 1,4-dioxane. Due to the impending expiration of the Emergency Rule and the anticipated timeline for the comprehensive Part 201 Cleanup Criteria Rule amendment package, the DEQ moved forward with the 1,4-dioxane rule to preserve our ability to use the best available scientific information regarding 1,4-dioxane for the residential drinking water pathway at sites throughout the state. A copy of the proposed 1,4-dioxane rule is available on the Office of Regulatory Invention's website [2017-041 EQ]. Information regarding the residential drinking water criterion equations and exposure assumptions and the United States Environmental Protection Agency's IRIS Summary and Toxicological Review of 1, 4-dioxane is available. The public comment was August 1st - August 22nd with a public hearing for the proposed rule held on August 22, 2017.

October 2016
Revisions to the Proposed Cleanup Criteria Rules based on comments received since May 2016.

June 2016
Cleanup Criteria and Screening Levels Development and Application background document for the criteria and screening levels.

May 2016

EGLE, Remediation and Redevelopment Division (RRD), has completed a comprehensive update of the generic cleanup criteria utilizing the latest scientific information for over 300 hazardous substances regulated in Michigan.

2016 PUBLIC INFORMATION MEETINGS
A series of five public information meetings regarding the May 2016 Rules package were held from May through June at locations in Grand Rapids, Ann Arbor, Lansing, Gaylord, and Bay City.

2016 PUBLIC COMMENT PERIOD
October 4 through October 18 - Comments were received regarding the October 2016 Rules package.

June 17 through September 13 - Comments were received regarding the May 2016 Rules package.

2016 PUBLIC HEARINGS

Public hearings were held October 17, 2016 for the October 2016 Rules package and September 12, 2016 for the May 2016 Rules package.

LAWS AND RULES

  • Part 201, Environmental Remediation
  • Part 213, Leaking Underground Storage Tanks
  • Rules for Remediation and Redevelopment Division