Section R. 29.2103 - ApplicabilityRule 3. Sections 280.10 is amended to read as follows:
Section 280.10.
(a) The requirements of these rules apply to all owners and operators of a UST system as defined in section 280.12, except as otherwise provided in subsection (c) of this section. (1) Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators shall meet the following requirements as applicable: (i) Airport hydrant fuel distribution systems and UST systems with field-constructed tanks shall meet the requirements in subpart K.(ii) UST systems that store fuel solely for use by emergency power generators installed on or before October 13, 2015 shall meet the subpart D requirements on or before October 13, 2018.(iii) UST systems that store fuel solely for use by emergency power generators installed after October 13, 2015 shall meet all applicable requirements of these rules at installation.(2) Any UST system listed in subsection c of this section shall meet the requirements of section 280.11.(c) Partial exclusions. Subparts B, C, D, E, G, J, and K do not apply to any of the following types of UST systems: (1) A wastewater treatment tank system not covered under definition of underground storage tank.(2) Any UST system that contains radioactive material and which is regulated under the provisions of the atomic energy act of 1954, as amended, 42 U.S.C. § 2011 et seq.(3) Any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the nuclear regulatory commission and subject to nuclear regulatory commission requirements regarding design and quality criteria, including but not limited to 10 C.F.R. part 50.(4) Aboveground storage tanks associated with either of the following: (i) Airport hydrant fuel distribution systems regulated under subpart K.(ii) UST systems that have field-constructed tanks regulated under subpart K.(d) Prohibitions. (1) Upon notification by the implementing agency, a person shall not deliver a regulated substance into any UST system if the system is not in compliance with these rules. Such notification may include verbal or written communication or an affixed written notification on the UST system.(2) A person shall not tamper with, remove, or disregard written notification affixed to the UST system.(3) Any UST system or practice that is not in compliance with these rules shall be considered to be in violation of these rules.(4) An owner and operator shall not continue to use an UST system that is causing a release. If the release is from the piping, then the piping shall be emptied of any liquid product until repaired and tested or replaced. If the release is from the tank, or if the origin of the release cannot be determined, then the UST system shall be expeditiously emptied of all liquid product until repaired and tested or replaced.(e) An implementing agency may order, at the expense of the owner, a tightness test of a UST system in accordance with the provisions of subsections 280.43(c) and 280.44(b), the installation of dry well test holes, or the emptying of a UST system in accordance with the provisions of section 280.71 when there is reason to believe that the UST system is releasing a regulated substance.(f) A person may request a variation of the application of a rule by applying to the department with a satisfactory explanation of why compliance is not possible, and stating what equivalent safety factors will be used instead of the rule. If the requested variation involves a substantive rule as opposed to a procedural rule, such as time deadlines, then the department shall notify affected state and local agencies of the nature of, and the reasons for, the request and consider any input provided within 10 days of receipt of the notice by affected state and local agencies. The department may make a variation upon finding that the variation does not result in an increased hazard to life, property, or the environment. The findings must be transmitted to the person requesting the variation and must be maintained at the facility. (1) Within 45 days of receiving a request for variance of section 280.35, the department may grant a variance to any person requesting to extend the compliance deadline for completion of integrity testing, as required under Section 280.35, of existing spill prevention equipment and containment sumps used for interstitial monitoring at all systems that they are responsible for under this section, not to exceed October 13, 2021. Existing spill prevention equipment and containment sumps are those installed prior to April 11, 2016.(2) As an equivalent measure for purposes of granting the variance, the requestor shall inspect all spill prevention equipment and containment sumps used for interstitial monitoring included under the variance as part of their normal inspections as required by these rules. Equivalent measures may be ceased for spill prevention equipment and containment sumps for which integrity testing has been completed.(3) The variance request shall include a written plan that the requestor will implement by October 13, 2021 to insure completion of integrity testing at all systems that the requestor is responsible for.(g) A person aggrieved by a final decision of the department on a request for variance may appeal to the circuit court within 21 days of the decision.(h) All UST systems shall comply with R 29.5601 to R 29.5605 and R 29.5651 to R 29.5917. These rules shall supersede any conflicting provision of R 29.5601 to R 29.5605 and R 29.5651 to R 29.5917.(i) UST systems installed on or before the effective date of these amendatory rules in accordance with the provisions of R 29.2101 to R 29.2169 then in effect are deemed to be in compliance with these amendatory rules. Where specified, the provisions of these rules are retroactive.Mich. Admin. Code R. 29.2103
1998-2000 AACS; 2008 AACS; 2018 MR 21, Eff. 11/14/2018