Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "API 650 standard" means
				the American Petroleum Institute standard number 650, tenth edition, November
				1998, containing standards for the design and construction of welded steel
				tanks for oil storage, published by the American Petroleum Institute, 1220 L.
				Street, Northwest, Washington D.C., 20005-4070,
http://www.api.org
or surviving organization.
				This document is available at a cost of $289.00, which is the cost at the time
				of publication of this rule. This document is available for inspection from the
				Michigan Department of Agriculture, Pesticide and Plant Pest Management
				Division, 525 W. Allegan, Lansing, MI 48933.
(b) "API 653 standard" means the American
				Petroleum Institute standard number 653, third edition, September 2003,
				containing standards for the inspection, repair, alteration and reconstruction
				of welded steel tanks for oil storage, published by the American Petroleum
				Institute, 1220 L. Street, Northwest, Washington D.C., 20005-4070,
http://www.api.org
or surviving
				organization. This document is available at a cost of $176.00, which is the
				cost at the time of publication of this rule. This document is available for
				inspection from the Michigan Department of Agriculture, Pesticide and Plant
				Pest Management Division, 525 W. Allegan, Lansing, MI 48933.
(c) "Approved" means approval by the director
				of the department or his or her representative.
(d) "Appurtenances" mean any of the following
				which are connected to a bulk fertilizer container or which are used for
				transferring bulk fertilizer between containers:
(i) Valves.
(ii) Gauges.
(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi) Hoses.
(vii) Mixing containers.
(viii) Plumbing.
(ix) Metering devices.
(e) "Aqua ammonia" means an aqueous solution
				of anhydrous ammonia which generally contains 18% to 30% of ammonia (NH3) by
				weight and which has a vapor pressure that usually varies from 0 to 10 pounds
				per square inch gauge (psig) at 104 degrees Fahrenheit.
(f) "Authorized inspector" means a person who
				is certified by the American Petroleum Institute under appendix D-authorized
				inspector certification, of the API 653 standard.
(g) "Bladder system" means a non-adhering
				liner physically attached to the inside of the large storage tank. The liner,
				constructed of a compatible synthetic material, provides physical separation of
				the liquid product from the sidewalls and storage container floor.
(h) "Bulk fertilizer" means fluid fertilizer
				in a single container that has a capacity of more than 2,500 United States
				gallons, fluid fertilizer in containers that have a combined total capacity for
				all storage containers or tanks located at a single site or location of more
				than 7,500 United States gallons, or dry fertilizer in an individual quantity
				of more than 2,000 pounds. For purposes of these rules, use solutions and
				rinsates are bulk fertilizers if they are in containers that meet the
				capacities specified in this subdivision.
(i) "Department" means the Michigan
				department of agriculture.
(j)
				"Discharge" means an uncontained release to the environment in a quantity that
				is more than 55 United States gallons of liquid or 650 pounds of dry bulk
				fertilizer. "Discharge" does not include a fully contained transfer of bulk
				fertilizer that is made pursuant to sale, storage, distribution, or intended
				use.
(k) "Distribute" has the
				meaning as defined in section 8501 of 1994 PA 451, MCL 324.8501.
(l) "Elephant ring" means a storage container
				which has an open top and which serves as a secondary containment vessel into
				which a primary storage container with a smaller volume is placed.
(m) "Existing bulk storage facility" means a
				facility that, on the effective date of this rule, is being used to store or
				hold bulk fertilizers where the location of bulk containers remains the same
				whether bulk containers are replaced, added to, or reorganized.
(n) "Fertilizer" has the meaning as defined
				in section 8501 of 1994 PA 451, MCL 324.8501.
(o) "Field operations" means the application
				of fertilizer to soil or plants in the course of normal agricultural or
				horticultural practice.
(p)
				"Floodplain" means any land area that is subject to a 1% or greater chance of
				flooding. This is equivalent to a 100-year flood.
(q) "Fluid fertilizer" means fertilizer in
				fluid form and includes solutions, emulsions, suspensions, and slurries. "Fluid
				fertilizer" does not include anhydrous ammonia.
(r) "Large storage tank" means a closed
				container used to store liquid fertilizer that has a capacity of 100,000
				gallons or more and which has been constructed on-site.
(s) "Mobile container" means a container
				designed or used for transporting fertilizer.
(t) "Modification" means changes in
				structures, processes, or activities at a bulk fertilizer storage facility that
				alter the efficiency or capacity of containment structures or
				systems.
(u) "New bulk storage
				facility" means a storage facility designated by the director or a storage
				facility that locates new, used, or refurbished bulk containers where, before
				the effective date of this rule, bulk storage was not conducted.
(v) "Operational area containment" means a
				structure or system that is designed and constructed to effectively intercept
				and contain spills, container or equipment washwater, and precipitation to
				prevent the runoff or leaching of fertilizer from an area or areas at a storage
				facility where bulk fertilizers are transferred, loaded, unloaded, mixed,
				impregnated, repackaged, or refilled.
(w) "Primary containment" means the storage
				of bulk fertilizer in storage containers at a storage facility.
(x) "Primary containment piping" consists of
				any conveyance utilized to transport liquid fertilizer into or out of the
				storage area.
(y) "Rinsate" means
				the liquid that is generated from the rinsing of the interior surface of
				fertilizer application equipment or a fertilizer container that has come in
				direct contact with fertilizer. The liquid is a mixture of water and a
				relatively low concentration of fertilizer. "Rinsate" includes the liquid that
				is generated by cleaning a containment area under R 285.641.10(3).
(z) "Secondary containment" means a
				structure, including dikes, that is effectively designed and constructed to
				contain spills or leaks and to prevent escapes, runoff, and leaching of
				fertilizer from bulk storage containers and appurtenances.
(aa) "Spill" means a contained release,
				within a containment area or operational pad, in a quantity that is more than
				55 United States gallons of liquid or 650 pounds of dry bulk fertilizer.
				"Spill" does not include a fully contained transfer of bulk fertilizer that is
				made pursuant to sale, storage, distribution, or intended use.
(bb) "Storage" means the storage of bulk
				fertilizer by a person who manufactures or distributes bulk
				fertilizer.
(cc) "Storage
				container" means a container, rail car, nurse tank, or mobile container that is
				used for the storage of bulk fertilizer. "Storage container" does not include
				any of the following:
(i) A mobile container
				that stores bulk fertilizer at a storage facility for less than 30 consecutive
				days if the storage is incidental to the loading or unloading of a storage
				container at the storage facility.
(ii) A mobile container that is located on
				property other than property which is owned, operated, or controlled by an
				owner or operator of a storage facility for less than 30 consecutive
				days.
(iii) A rail car that stores
				bulk fertilizer at a storage facility for less than 30 consecutive days without
				reloading or unloading.
(iv) A
				container which is 2,500 gallons or less and which is used solely as emergency
				storage for leaking fertilizer containers.
(dd) "Storage facility" means a facility
				which is used to store or hold bulk fertilizer and which is owned, operated,
				controlled, or leased by a person who manufactures or distributes bulk
				fertilizer.
(ee) "Surface water"
				means a body of water that has its top surface exposed to the atmosphere and
				includes lakes, ponds, or water holes that cover an area of more than 0.25
				acres and streams, rivers, or waterways that maintain a flow year-round.
				"Surface water" does not include waterways that have an intermittent
				flow.
(ff) "Washwater" means the
				liquid that is generated from rinsing the exterior surfaces of application,
				handling, storage, transportation, or nurse equipment.
"Washwater" does not include the liquid that is generated by
				  cleaning a containment area under R 285.641.10(3).