Section R. 29.2120 - TestingRule 20. Section 280.35 is added as adopted from the July 15, 2015, EPA-UST rules as follows:
Section 280.35. Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
(a) Owners and operators of UST systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping shall meet these requirements to ensure the equipment is operating properly and will prevent releases to the environment: (1) Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) and containment sumps used for interstitial monitoring of piping shall prevent releases to the environment by meeting either of the following: (i) The equipment is double walled and the integrity of both walls is periodically monitored at a frequency not less than the frequency of the walkthrough inspections described in section 280.36. Owners and operators shall begin meeting paragraph (a)(1)(ii) of this section and conduct a test within 30 days of discontinuing periodic monitoring of this equipment.(ii) The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every 3 years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with 1 of the following criteria. (A) Requirements developed by the manufacturer. Note: This is only an option if the manufacturer has developed requirements.(B) Code of practice developed by a nationally recognized association or independent testing laboratory.(C) Requirements determined by the implementing agency to be no less protective of human health and the environment than the requirements listed in subparagraphs (a)(1)(ii)(A) and (B) of this section.(2) Overfill prevention equipment shall be inspected at least once every 3 years. At a minimum, the inspection shall ensure that overfill prevention equipment is set to activate at the correct level specified in subsection 280.20(c) and will activate when regulated substance reaches that level. Inspections shall be conducted in accordance with 1 of the criteria in subparagraphs (a)(1)(ii)(A) to (C) of this section.(3) An under-dispenser containment (UDC) sump containing single-wall piping within or above the UDC sump is not considered to be a containment sump used for interstitial monitoring of piping, if both of the following apply: (i) The dispenser system and UDC sump were installed prior to April 11, 2016.(ii) The UDC sump is not used for interstitial monitoring of double-wall piping installed outside the sump.(b) Owners and operators shall begin meeting these requirements as follows: (1) For UST systems in use on or before October 13, 2015, the initial spill prevention equipment test, containment sump test and overfill prevention equipment inspection must be conducted not later than October 13, 2018, or as otherwise allowed under section 280.10(f). For diligent tank owners who nevertheless are unable to comply with the October 2018 deadline, the department considers any good faith effort to comply with the law when deciding if and how to respond to a violation.(2) For UST systems brought into use after October 13, 2015, these requirements apply at installation.(c) Owners and operators shall maintain the following records, in accordance with section 280.34, for spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment: (1) All records of testing or inspection shall be maintained for 3 years.(2) For spill prevention equipment and containment sumps used for interstitial monitoring of piping not tested every 3 years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored.Mich. Admin. Code R. 29.2120
2018 MR 21, Eff. 11/14/2018