CERCLA Continuing Obligations - McDowell & Associates

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CERCLA Continuing Obligations

Recent changes to Federal and State law have created a situation where amending existing Due Care Plans may be needed in order to achieve compliance with current regulations.

CERCLA indicates owners of contaminated property are required to meet certain continuing obligations. For owners of property in Michigan with a Baseline Environmental Assessment, this has generally been interpreted to be compliance with facility owner Due Care obligations.

On December 14, 2010, the State of Michigan amended the Section 324.20107a, which affects those sites known as facilities. Those properties with Baseline Environmental Assessments (BEAs) are required to have Due Care Plans and to comply with current regulations. The regulations do not discuss "grand-fathering" prior Due Care Plans. 

On September 30, 2011, ASTM issued a new "Standard Guide for Identifying and Complying with Continuing Obligations", designation E2790-11, which is designed to provide information and guidance related to the process of identifying and fulfilling contouring due care obligations at a known facility. These rules are brand new and are designed to act as a guideline for recording and monitoring ones’ Due Care obligations.

The ASTM rules can be found at:


Additional information can also be found on the EPA's website.

Please do not hesitate to contact Doug McDowell with any other questions or concerns regarding these changes to the Due Care regulations.  He can be contacted at 248-399-2066 or doug.mcdowell@mcdowasc.com


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