Mich. Admin. Code R. 29.2109

Current through Vol. 24-22, December 15, 2024

Section R. 29.2109 - Performance standards for new UST systems

Rule 9. Section 280.20 is amended to read as follows:

Section 280.20. Performance standards for new UST systems. In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems shall meet the following requirements. In addition, except for suction piping that meets the requirements of subparagraphs 280.41(b)(1)(ii)(A) to (E), tanks and piping must be secondarily contained and use interstitial monitoring in accordance with subsection 280.43(g) of these rules. Secondary containment must be able to contain regulated substances leaked from the primary containment until they are detected and removed and prevent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping meets the definition of "replaced" in section 280.12, the entire piping run must be secondarily contained.

(a) Tanks. Each tank must meet the definition of secondary containment as defined in section 280.12 and must be properly designed and constructed. Any portion of a tank that is underground and that routinely contains product must be protected from corrosion by 1 of the following:

(1) The tank must be constructed of fiberglass-reinforced plastic

(2) The tank must be constructed of steel and be cathodically protected by all of the following:

(i) The tank must be coated with a suitable dielectric material.

(ii) Factory-installed or field-installed cathodic protection systems must be designed by a corrosion expert.

(iii) Impressed current systems must be designed to allow a determination of current operating status as required in subsection 280.31(c).

(iv) Cathodic protection systems must be operated and maintained in accordance with section 280.31 or according to procedures acceptable to the department.

(3) The tank must be constructed of a steel-fiberglass-reinforced-plastic composite. The fiberglass-reinforced plastic must be a minimum of 100 mils thick.

(4) The tank is constructed of metal without additional corrosion protection measures provided that both of the following requirements are met:

(i) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.

(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank.

(5) The department shall determine that the tank construction and corrosion protection have been designed to prevent the release or threatened release of any stored regulated substance in a manner that is at least as protective of human health and the environment as the protections specified in subdivisions(1) to (3) of this subsection.

(b) Piping. All piping in contact with the ground shall be equipped with secondary containment as defined in section 280.12. Any piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in compliance with 1 of the following provisions:

(1) The piping must be constructed of fiberglass-reinforced plastic.

(2) The piping must be constructed of metal and be cathodically protected in the following manner:

(i) The piping must be coated with a suitable dielectric material.

(ii) Field-installed cathodic protection systems must be designed by a corrosion expert.

(iii) Impressed current systems must be designed to allow a determination of current operating status as required in subsection 280.31(c).

(iv) Cathodic protection systems must be operated and maintained in accordance with the provisions of section 280.31 or procedures acceptable to the department.

(v) Metallic secondary containment underground piping systems must have corrosion protection as specified in paragraphs (2)(i) to (iv) of this subdivision.

(3) The piping is constructed of metal without additional corrosion protection measures provided that both of the following requirements are met:

(i) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life.

(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping.

(4) The department shall determine that the piping construction and corrosion protection have been designed to prevent the release or threatened release of any stored regulated substance in a manner that is at least as protective of human health and the environment as the protections specified in subdivisions (1) and (2) of this subsection.

(c) The following provisions apply to spill and overfill prevention equipment:

(1) Except as provided in subdivisions (2) and (3) of this subsection, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators shall use both of the following spill and overfill prevention equipment:

(i) Spill prevention equipment that will prevent the release of product to the environment when the transfer hose is detached from the fill pipe, for example, a spill catchment basin.

(ii) Overfill prevention equipment that does 1 of the following:

(A) Automatically shut off flow into the tank when the tank is not more than 95% full.

(B) Alert the transfer operator when the tank is not more than 90% full by restricting the flow into the tank or by triggering a high-level alarm. For suction pump systems, a pressure regulator valve or other suitable device must be installed in the suction piping if the flow restrictor causes a pressure buildup in the tank when activated.

(C) Restrict the flow from the delivery truck into the tank 30 minutes before overfill, and sound an audible alarm 1 minute before overfill, or automatically shut off the flow into the tank not less than 30 seconds before overfill.

(2) Owners and operators are not required to use the spill and overfill prevention equipment specified in subdivision (1) of this subsection if alternative equipment is used that is determined by the department to be at least as protective of human health and the environment as the equipment specified in paragraphs (1)(i) or (1)(ii) of this subsection or the UST system is filled by transfers of no more than 25 gallons at 1 time.

(3) Flow restrictors used in vent lines may not be used to comply with paragraph (c)(1)(ii) of this section when overfill prevention is installed or replaced.

(4) Spill and overfill prevention equipment shall be periodically tested or inspected in accordance with section 280.35 or as otherwise allowed under section 280.10(f).

(d) All tanks and piping must be properly designed, constructed, installed, operated, and maintained in accordance with R 29.5601 to R 29.5917. All of the following provisions shall also apply:

(1) Except at an active UST system location installed on or before January 3, 1991, a person shall not install an UST system unless the UST system is more than the following distances from the following items:

(i) All UST system installations must also be in compliance with section 12701 of part 127 of 1978 PA 368, MCL 333.12701, and rules promulgated under 1978 PA 368.

(ii) Section 1001 of 1976 PA 399, MCL 325.1001 to 325.1023, and rules promulgated under 1976 PA 399.

(e) Certification of installation. All owners and operators shall ensure that 1 or more of the following methods of certification, testing, or inspection are used to demonstrate compliance with subsection(d) of this section by providing a certification of compliance on the UST registration form in accordance with section 280.22:

(1) The installer has been certified by the tank and piping manufacturer or the tank liner has been certified by the tank lining manufacturer.

(2) The installer has been certified or licensed by the department.

(3) The installation has been inspected and certified by a registered professional engineer who has education and experience in UST system installation.

(4) The installation has been inspected and approved by the implementing agency.

(5) All work listed in the manufacturers installation checklists has been completed.

(6) The owner and operator have complied with another method for ensuring compliance with the provisions of subsection (d) of this section that is determined by the department to be at least as protective of human health and the environment as the protections specified in subsection (d) of this section.

(f) Dispenser systems. Each UST system must be equipped with under-dispenser containment for any new dispenser system installed.

(1) A dispenser system is considered new when both the dispenser and all of the equipment needed to connect the dispenser to the UST system are installed at an underground storage tank facility. The equipment necessary to connect the dispenser to the UST system includes check valves, shear valves, unburied risers, flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

(2) Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations. Under-dispenser containment must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

Mich. Admin. Code R. 29.2109

1998-2000 AACS; 2008 AACS; 2018 MR 21, Eff. 11/14/2018