Modification of Brownfield Agreement

Modification of Brownfield Agreement. A. Conditions for Modification (1) A Brownfields Agreement may be modified by order of MCEQ, if: (a) MCEQ receives new information demonstrating that a contaminant on or under the Brownfield Agreement Site poses less risk than the risk that formed a basis for the remediation requirements. Public notice as designated in Rule 2.1.4 is required prior to any modification under this subparagraph (1)(a); (b) The Brownfield Party provides or has provided to MCEQ false information or fails to disclose to MCEQ relevant information about environmental contamination on or under the Brownfield Agreement Site that forms a basis for the Brownfield Agreement or that is offered to demonstrate compliance with the Brownfield Agreement; (c) New information becomes available after execution of the Brownfield Agreement indicating the existence of previously unknown contaminants or an area of previously unknown environmental contamination that has not been remediated to standards required by applicable federal or state law other than this Act. The Brownfield Agreement may be amended to include remediation of any previously unknown contaminants and any additional areas in the same Brownfield Agreement Site; (d) The level of risk to public health or the environment resulting from the Brownfield Agreement Site is increased beyond the level that forms a basis for the risk-based remediation requirements in the Brownfield Agreement due to changes in exposure conditions, including: (1) A change in land-use at the Site or contiguous to the Site that increases the probability of exposure to contaminants on or under the Brownfield Agreement Site or (2) The failure of remediation to mitigate risks to the extent required to make the Brownfield Agreement Site fully protective of public health and the environment as provided in the Brownfield Agreement; or (3) The receipt by MDEQ of new information after execution of the Brownfield Agreement about a contaminant on or under the Brownfield Agreement Site that increases the risk to public health or the environment on or under the Brownfield Agreement Site beyond the level that is the basis for the risk-based remediation requirements in the Brownfield Agreement and in a manner or to a degree not anticipated in the Brownfield Agreement. (2) Minor modifications are not required to comply with the public notice requirements set forth in Rule 2.1.4. All other modifications are required to go through public notice. Minor modifications include: (a) Typographical errors; (b) Equipment replacement or upgrade with functionally equivalent components; (c) Changes in the frequency of or procedures for monitoring, reporting, sampling or maintenance activities; (d) Changes in interim compliance dates; (e) Changes to waste sampling or analysis methods to conform with MDEQ or EPA guidance or regulations; (f) Changes in name, address, or phone number of contacts; (g) Changes in groundwater sampling or analysis procedures; or (h) Such other changes determined by MDEQ not significantly to change or have the reasonable potential significantly to change the Brownfield Agreement.