Environmental releases of hazardous substances pose significant risks to public health and the environment. In Michigan, the Department of Environment, Great Lakes, and Energy (EGLE) has established a framework for reporting such incidents that ensures timely communication, appropriate response, and regulatory compliance across various sectors including industrial, agricultural, transportation, and municipal operations.
What Makes A Release Reportable?
- Involves hazardous substances or extremely hazardous materials
- Exceeds reportable quantities
- Impacts surface water, groundwater, or sewer systems
- Poses a threat to human health or the environment
- Results in nuisance odors or public safety concerns
Even small spills may require reporting if they affect sensitive areas or violate environmental permits.
General Reporting
Michigan’s spill reporting requirements are governed by both state and federal regulations. Facilities must report releases that exceed specific thresholds, pose immediate threats, or migrate beyond property boundaries. Reporting obligations vary depending on the substance, quantity, location, and potential impact of the release. Immediate threats to human health or safety must be reported by calling 911 or the Pollution Emergency Alerting System (PEAS) at 800-292-4706. Additional notifications may be required to local emergency planning committees (LEPCs), the State Emergency Response Commission (SERC), and federal agencies such as the National Response Center (NRC).
Hazardous Substances
Under SARA Title III and CERCLA, facilities must report releases of hazardous substances that exceed their reportable quantity (RQ) within a 24-hour period. These substances include chemicals listed in 40 CFR Part 302 and 40 CFR Part 355. If the release migrates beyond the facility boundary, it must be reported within 15 minutes of discovery. Continuous releases, those that are routine and anticipated, must be reported initially and whenever there is a significant change. Written follow-up reports are typically required within 30 days.
Environmental Remediation and Off-Site Migration
Under Part 201 of NREPA, releases of hazardous substances that exceed cleanup criteria for unrestricted residential use must be reported to EGLE’s Remediation and Redevelopment Division (RRD). If contamination migrates off-site, property owners affected must be notified within 30 days, and a formal “Notice of Migration of Contamination” must be submitted.
Agricultural Releases
Agricultural operations must report spills of:
- Pesticides exceeding 5 gallons or 100 pounds
- Fertilizers exceeding 55 gallons liquid or 650 pounds dry
These incidents must be reported to Michigan Department of Agriculture and Rural Development (MDARD) and may also require notification to PEAS and NRC depending on the substance.
Fire Prevention and Flammable Liquids
Under Michigan’s Fire Prevention Code, any fire, explosion, or spill involving hazardous materials during transportation or storage must be reported immediately to the Bureau of Fire Services and local fire departments. Releases from aboveground storage tanks (ASTs) of more than 55 gallons of flammable or combustible liquids must be reported to PEAS and followed up with a written report to Licensing and Regulatory Affairs (LARA) within 10 days.
Transportation of Hazardous Materials
Federal regulations under 49 CFR 171 require immediate verbal notification to the NRC for incidents involving hazardous materials during transportation. This includes spills, fires, and contamination events. A written report must be submitted within 30 days, and updates are required if new information becomes available.
Releases to Water and Sewer Systems
Under Part 31 of NREPA, unpermitted releases to surface water, groundwater, or public sewer systems must be reported if they exceed threshold quantities. These include oil, salt, and other polluting materials listed in Rule 324.2009.
Additional Considerations
Facilities must also consider:
- Permit-specific requirements under NPDES and air permits
- Local ordinances and contingency plans
- Secondary containment exemptions under Part 5 Rules
Who to Notify?
EGLE Pollution Emergency Alerting System (PEAS)
- Used for environmental emergencies and significant releases
National Response Center (NRC)
- Required for federal reporting under CERCLA and EPCRA
Local Emergency Planning Committee (LEPC)
- Required under SARA Title III for community notification
EGLE District Office
- For non-emergency follow-up or daytime reporting
Documentation Process
Within 30 days of a spill, the responsible party must prepare a written report that includes:
- Contact information of the reporter and facility
- Date, time, and type of incident
- Substance released and quantity
- Environmental impact assessment
Release Reporting Requirements in Michigan guidance document provides additional information on reportable releases, notification requirements, and documentation.
In conclusion, environmental releases of hazardous substances in Michigan are subject to reporting requirements designed to protect public health, safety, and the environment. Understanding what constitutes a reportable release is critical for compliance with both state and federal regulations.
Trinity is happy to assist with identifying what requirements are applicable and ensuring industries stay within compliance. If you have any questions or concerns, free to reach out Karlee Foster, Leslie Hartig, or visit the Trinity Consultants website for additional information.
