A Michigan Baseline Environmental Assessment is the State of Michigan’s legal tool for buying contaminated property without inheriting liability for someone else’s pollution. In Michigan, any property known to contain contamination above the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Part 201 Residential Cleanup Criteria (RCC) is defined as a “facility.” Michigan’s Natural Resources and Environmental Protection Act (NREPA) of 1994 contains two sections — Part 201 and Part 213 — that allow potential or recent purchasers to own a property without being liable for cleanup of existing contamination, provided a Baseline Environmental Assessment (BEA) is conducted and disclosed to EGLE.
If you want the plain-English overview of how the assessment works step by step, start with our Baseline Environmental Assessment guide for regular people. This page focuses on the two things that trip up Michigan buyers most: eligibility and Due Care obligations.
When a Michigan Baseline Environmental Assessment Applies
There are circumstances where liability is not covered by a Michigan Baseline Environmental Assessment — such as properties used as landfills, disposal facilities, treatment facilities, and facilities subject to underground storage tank (UST) operational requirements. Reach out to us if you believe your property falls under these categories and we can help you determine whether a BEA can be conducted.
To conduct a BEA for a property, a Phase I Environmental Site Assessment (ESA) must be performed within the last six months. The Phase I ESA includes a review of the historical investigations at the property and evaluation of the analytical data obtained. Should the Phase I ESA identify a new Recognized Environmental Condition (REC) indicating that a new release of hazardous materials has taken place, a Phase II ESA will be recommended before the BEA is prepared. The Phase II ESA evaluates the REC and identifies any new contamination at the property.
How the Michigan Baseline Environmental Assessment Is Prepared
Once the Phase I ESA and Phase II ESA (if applicable) are complete, preparation of the BEA can commence. It is important to note that the BEA must be conducted within 45 days of purchase, and the paperwork must be submitted to EGLE within six months of becoming owner/operator. The BEA summarizes all environmental conditions, contamination, and analytical data pertinent to the property. All analytical data is compared to the applicable EGLE Part 201 RCC. The BEA includes a scaled site plan depicting historical sampling locations, exceedance locations, and any additional environmental data — such as existing engineered barriers — and is then disclosed to EGLE.
Due Care Obligations Under a Michigan BEA
While EGLE will be in receipt of the submitted BEA, the prospective or recent purchaser is still responsible for Due Care Obligations at the property. This is the part buyers most often overlook: the BEA limits your liability, but it does not erase your responsibility to manage the contamination safely.
Due Care Obligations include implementing health and safety practices to mitigate exposure of any occupants to the identified contamination. These actions may include:
- Maintaining or installing engineered barriers (caps, parking lots, vapor barriers)
- Restricting construction activities that could exacerbate existing contamination
- Property use restrictions, such as prohibiting potable water wells where groundwater is impacted
- Addressing soil-vapor intrusion affecting indoor air quality before occupancy
- Additional subsurface investigation should a new environmental condition arise
A Due Care Plan documents these measures. The owner/operator must keep a copy at the property at all times, and it must be readily available to any prospective purchaser or EGLE representative upon request.
A Michigan Baseline Environmental Assessment protects buyers under NREPA Part 201
Frequently Asked Questions About the Michigan BEA
Is a Michigan Baseline Environmental Assessment the same as a Phase 1 ESA?
No. The BEA is a Michigan-specific liability tool that uses a Phase 1 ESA (and a Phase 2 ESA if needed) as its foundation. The Phase 1 ESA identifies concerns; the BEA documents existing contamination and disclaims your liability for it under Part 201.
How long do I have to complete a Michigan BEA?
The assessment must be conducted within 45 days of purchase, and the BEA must be submitted to EGLE within six months of becoming owner/operator. Missing these windows can forfeit your liability protection.
Does a BEA clean up the contamination?
No. A Michigan Baseline Environmental Assessment protects you from liability for contamination you didn’t cause — it does not remediate the property. You still carry Due Care obligations to prevent exposure and keep the contamination from getting worse.
What properties are not eligible for a BEA?
Landfills, treatment/storage/disposal (TSD) facilities, properties under UST operational requirements, and federal/Superfund sites are not eligible. A property with no contamination above residential cleanup criteria also doesn’t need one.
A3 Environmental Consultants Can Prepare Your Michigan Baseline Environmental Assessment
A3E performs over 800 Phase I ESAs in a given year. While not all require a BEA, the ones that do are in capable hands with the A3E team — from industrial facilities to gas stations, dry cleaners to warehouses. Learn more about our Baseline Environmental Assessment services, or call (888) 405-1742 or email Info@A3E.com to discuss your Michigan property.
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Reviewed by the A3 Environmental Consultants team, under the supervision of a licensed Professional Geologist (P.G.).
