Rule 21. Section 280.40 is amended to read as follows:
Section 280.40. Upon purchase or acquisition of an existing UST system and upon request by the department, the owners and operators of the system shall provide the department with not less than 2 years of leak detection records as required by section 280.45. If the records are unavailable, then the O/O shall conduct tightness testing as provided in sections 280.43(c) and 280.44(b).
(a) Owners and operators of new and existing UST systems shall provide a method, or combination of methods, of release detection that is in compliance with all of the following provisions: (1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product.(2) Is installed, calibrated, operated, maintained, and electronic and mechanical components are tested for proper operation in accordance with the manufacturers instructions, including routine maintenance and service checks for operability or running condition; a code of practice developed by a nationally recognized association or independent testing laboratory; or requirements determined by the department to be no less protective of human health and the environment.(3) A test of the proper operation shall be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria: (i) Automatic tank gauge and other controllers: test alarm; verify system configuration; and test battery backup.(ii) Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; and test alarm operability and communication with controller.(iii) Automatic line leak detector: test operation to meet criteria in subsection 280.44(a) by simulating a leak.(iv) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller.(v) Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation.(4) Meets the performance requirements in section 280.43, 280.44 or subpart K, as applicable, with any performance claims and their manner of determination described in writing by the equipment manufacturer. In addition, the methods listed in subsections 280.43(b); 280.43(c); 280.43(d); 280.43(h); 280.43(i); 280.44(a); 280.44(b); and subpart K, must be capable of detecting the leak rate or quantity specified for the method in the corresponding section of the rule with a probability of detection of 0.95 and a probability of false alarm of 0.05.(b) If a release detection method operated in accordance with the performance standards in section 280.43, 280.44, or subpart K indicates a release may have occurred, then O/Os shall notify the department in accordance with the provisions of subpart E of these rules.(c) The owners and operators of an existing UST system that has not complied with the requirements of this subpart shall complete the closure procedures in subpart G of these rules. For previously deferred UST systems described in subpart A and subpart K, this requirement applies after the effective dates described in paragraphs 280.10(a)(1)(ii) and (iii) and subsection 280.251(a).Mich. Admin. Code R. 29.2121
1998-2000 AACS; 2018 MR 21, Eff. 11/14/2018