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Part 201 liability protection · Document existing contamination at purchase · So you're not liable for a mess you didn't make
A BEA only applies to a contaminated property. We use the Phase 1 and Phase 2 ESA results to confirm the property is a “facility” under Part 201 — contamination above Michigan’s residential cleanup criteria — which is what makes it eligible for a BEA in the first place.
We record the type, concentration, and extent of the existing contamination at the moment you take ownership. This baseline is the evidence that the contamination was already there — that you did not cause it — which is the foundation of your liability protection.
We prepare and submit the BEA to EGLE within the deadline and lay out your due care obligations — the steps needed to prevent exposure and avoid worsening the contamination. The property is recorded in the EGLE database, and your Part 201 protection is in place.
A BEA comes after a Phase 2 ESA. The Phase 2 confirms the property is contaminated above Michigan’s residential criteria — making it a “facility” — and the BEA documents that condition so a new owner gets Part 201 liability protection.
"We were running up against some deadlines, and they jumped through hoops to get everything completed on time."
"The A3E team did a great job on our Phase 1 report. They were quick, thorough and professional."
"They were able to give me all of the information that I needed. Highly recommend A3 Environmental."
Lab-validated sampling
Small business (WOSB)
Environmental consulting
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A Baseline Environmental Assessment is a Michigan tool that solves a hard problem: a contaminated property can sit idle because no one will buy it, since whoever owns it can be forced to clean it up — even contamination a prior owner caused. Michigan’s answer, authorized under Part 201 of the Natural Resources & Environmental Protection Act (NREPA, P.A. 451 of 1994), is the BEA. By documenting the contamination that already exists when you take ownership and disclosing it to the Michigan Department of Environment, Great Lakes, and Energy (EGLE), you establish that you did not cause it — and in return EGLE shields you from liability for cleaning it up. It is the mechanism that lets a contaminated site become a productive, financeable property again.
A BEA only applies once a property is a “facility” under Part 201 — meaning a Phase 2 ESA has confirmed contamination above Michigan’s applicable residential cleanup criteria. That is why a BEA comes after a Phase 2 ESA. If the Phase 2 finds nothing above those criteria, the property is not a facility and a BEA is neither required nor recommended. Some properties are never eligible regardless of contamination — those regulated under other programs such as landfills, treatment/storage/disposal (TSD) facilities, underground storage tanks, and federal Superfund sites. If you are buying a contaminated commercial or industrial property in Michigan, a BEA is usually the difference between a deal that closes and one that dies.
Timing is the most common way the protection is lost. The BEA must be conducted prior to or within 45 days of purchase, occupancy, or foreclosure — whichever comes first — and the completed assessment must be submitted to EGLE within 6 months of becoming the owner or operator. Because the BEA is built on the underlying Phase 1 and Phase 2 ESAs, the smart move is to start the work before closing, so the assessment is ready and the clock never runs out. A3 Environmental performs all three — Phase 1, Phase 2, and the BEA — so the hand-offs don’t cost you time.
A BEA limits your liability for pre-existing contamination, but it does not erase all responsibility. Under Part 201 you take on due care obligations: prevent anyone from being exposed to the contamination, and avoid any action that worsens it or lets it migrate off your property. In practice that might mean preventing groundwater ingestion — prohibiting potable wells or connecting to municipal water — or addressing a soil-vapor pathway into a building before occupancy. The trade-off is worth it: by being upfront with EGLE and meeting due care, you open the door to bank financing, a clean sale, and a property that can be used again. A3 Environmental identifies your due care obligations and prepares the BEA submittal. We serve property owners and buyers across Michigan, backed by 5,000+ reports and a 4.9★ Google rating since 2015.
