reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart D - RELEASE DETECTION › Section R. 29.2122 - Requirements for petroleum UST systems

Current through Vol. 24-12, July 15, 2024
Rule 22. Section 280.41 is amended to read as
						follows:
Section 280.41. Owners and operators of petroleum UST
						systems shall provide release detection for tanks and piping as follows:
(a) Tanks. Tanks shall be monitored
					 at least once every 30 days for releases using 1 of the methods listed in
					 section 280.43(d) to (i), except as follows:
(1) UST systems that meet the performance
					 standards in section 280.20 or 280.21 and the monthly inventory control
					 requirements in section 280.43(a) or (b) shall use tank tightness testing
					 conducted in accordance with section 280.43(c) at least once every 5 years
					 until 10 years after the tank was installed.
(2) A tank that has a capacity of 550 gallons
					 or less and a tank with a capacity of 551 to 1,000 gallons that meet the tank
					 diameter criteria in subsection 280.43(b) and that is not used for motor
					 fueling may use weekly tank gauging conducted in accordance with section
					 280.43(b).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart D - RELEASE DETECTION › Section R. 29.2123 - Requirements for hazardous substance UST systems

Current through Vol. 24-12, July 15, 2024
Rule 23. Section 280.42 is amended to read as
						follows:
Section 280.42. Requirements for hazardous substance UST
						systems. Owners and operators of hazardous substance UST systems shall provide
						containment, and release detection in accordance with section 280.43(g) at
						least every 30 days, that meets the following requirements:
(a) "Secondary containment system," must be
					 designed, constructed, and installed to facilitate all of the following:
(1) Contain regulated substances released
					 from the tank system until they are detected and removed.
(2) Prevent the release of regulated
					 substances to the environment at any time during the operational life of the
					 UST system.
(3) Be checked for
					 evidence of a release not less than once every 30 days.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart D - RELEASE DETECTION › Section R. 29.2125 - Methods of release detection for tanks

Current through Vol. 24-12, July 15, 2024
Rule 25. Section 280.43 is amended to read as
						follows:
Section 280.43. Each method of release detection for
						tanks used to meet the requirements of section 280.41 must be conducted in
						accordance with the following:
(a)
					 Inventory control. Product inventory control, or another test of equivalent
					 performance, must be conducted monthly to detect a release of not less than
					 1.0% of flow-through plus 130 gallons on a monthly basis in the following
					 manner:
(1) Inventory volume measurements for
					 regulated substance inputs, withdrawals, and the amount still remaining in the
					 tank are recorded and computed each operating day.
(2) The equipment and tank charts used are
					 capable of measuring the level of product over the full range of the tank's
					 height to the nearest 1/8 of an inch.
(3) The regulated substance inputs are
					 reconciled with delivery receipts by measurement of the tank inventory volume
					 before and after delivery.
(4)
					 Deliveries are made through a drop tube that extends to within 1 foot of the
					 tank bottom.
(5) Product dispensing
					 is metered and recorded within the local standards for meter calibration or an
					 accuracy of 6 cubic inches for every 5 gallons of product withdrawn.
(6) The measurement of any water level in the
					 tank is made to the nearest 1/8 of an inch not less than once a
					 month.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart D - RELEASE DETECTION › Section R. 29.2126 - Methods of release detection for piping

Current through Vol. 24-12, July 15, 2024
Rule 26. Section 280.44 is amended to read as
						follows:
Section 280.44. Each method of release detection for
						piping used to meet the requirements of section 280.41 must be conducted in
						accordance with all of the following provisions:
(a) Automatic line leak detectors. A method
					 that alerts the operator to the presence of a leak by restricting or shutting
					 off the flow of regulated substances through piping or triggering an audible or
					 visual alarm may be used only if the method detects leaks of 3 gallons per hour
					 at 10 pounds per square inch line pressure within 1 hour. An annual test of the
					 operation of the leak detector shall be conducted in accordance with
					 subdivision 280.40(a)(3).
(b) With
					 respect to line tightness testing, the following provisions:
(1) Line tightness testing must be capable of
					 detecting a 0.1 gallons per hour leak rate at 1 ½ times the operating
					 pressure.
(2) Secondary containment
					 piping must be tested by a positive pressure of not less than 5 psig for a
					 minimum of 1 hour.
(3) A periodic
					 test of piping may be conducted only if it can detect a 0.1 gallon per hour
					 leak rate at 1 ½ times the operating pressure.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart D - RELEASE DETECTION › Section R. 29.2127 - Release detection recordkeeping

Current through Vol. 24-12, July 15, 2024
Rule 27. Section 280.45 is amended to read as
						follows:
Section 280.45. All UST system owners and operators shall
						maintain records in accordance with section 280.34 demonstrating compliance
						with all applicable requirements of this subpart. The records must include all
						of the following:
(a) All written
					 performance claims pertaining to any release detection system used and the
					 manner in which the claims have been justified or tested by the equipment
					 manufacturer or installer shall be maintained for 5 years from the date of
					 installation or for another reasonable period of time determined by the
					 department. Not later than October 13, 2018, records of site assessments
					 required under subdivisions 280.43(e)(6) and 280.43(f)(7) shall be maintained
					 for as long as the methods are used. Records of site assessments developed
					 after October 13, 2015 must be signed by a professional engineer or
					 professional geologist, or equivalent licensed professional with experience in
					 environmental engineering, hydrogeology, or other relevant technical discipline
					 acceptable to the implementing agency.
(b) The results of any sampling, testing, or
					 monitoring shall be maintained for not less than 1 year or for another
					 reasonable period of time determined by the department. The results of tank and
					 piping tightness testing conducted in accordance with sections 280.43(c) and
					 280.44(b) shall be retained until the next test is conducted as follows:
(1) The results of annual operation tests
					 conducted in accordance with subdivision 280.40(a)(3) shall be maintained for 3
					 years. At a minimum, the results shall list each component tested, indicate
					 whether each component tested meets criteria in subdivision 280.40(a)(3) or
					 needs to have action taken, and describe any action taken to correct an
					 issue.
(2) The results of tank
					 tightness testing, line tightness testing, and vapor monitoring using a tracer
					 compound placed in the tank system conducted in accordance with subsection
					 280.252(d) shall be retained until the next test is conducted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart E - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section R. 29.2129 - Reporting of suspected releases

Current through Vol. 24-12, July 15, 2024
Rule 29. Section 280.50 is amended to read as
						follows:
Section 280.50. O/Os of UST systems, or a person who is
						employed by the O/O, shall report to the department in a manner specified in
						section 280.61 and follow the procedures specified in section 280.52 when any
						of the following conditions occur:
(a) The discovery by owners, operators or
					 others of released regulated substances at the UST site or in the surrounding
					 area, such as the presence of visible NAPL or vapors in soils, basements, sewer
					 and utility lines, and nearby surface water.
(b) Unusual operating conditions observed by
					 owners and operators, such as the erratic behavior of product dispensing
					 equipment, the sudden loss of product from the UST system, or any unexplained
					 presence of water in the tank, or liquid in the interstitial space of
					 secondarily contained systems, unless system equipment or component is found
					 not to be releasing regulated substances to the environment; any defective
					 system equipment or component is immediately repaired or replaced; and for
					 secondarily contained systems, except as provided for in paragraph
					 280.43(g)(2)(iv), any liquid in the interstitial space not used as part of the
					 interstitial monitoring method, for example, brine filled, is immediately
					 removed.
(c) Monitoring results,
					 including investigation of an alarm, from a release detection method required
					 under sections 280.41 and 280.42 that indicate a release may have occurred,
					 unless either of the following conditions is satisfied:
(1) The monitoring device is found to be
					 defective and is immediately repaired, recalibrated, or replaced and additional
					 monitoring does not confirm the initial result.
(2) The leak is contained in the secondary
					 containment and both of the following are met:
(i) Except as provided for in paragraph
					 280.43(g)(2)(iv), any liquid in the interstitial space not used as part of the
					 interstitial monitoring method, such as brine filled, is immediately
					 removed.
(ii) Any defective system
					 equipment or component is immediately repaired or replaced.
(3) In the case of inventory
					 control, described in subsection 280.43(a), a second month of data does not
					 confirm the initial result or the investigation determines no release has
					 occurred.
(4) The alarm was
					 investigated and determined to be a non-release event, for example, from a
					 power surge or caused by filling the tank during release detection
					 testing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart E - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section R. 29.2130 - Investigation due to offsite impacts

Current through Vol. 24-12, July 15, 2024
Rule 30. Section 280.51 is added as adopted from the July
						15, 2015, EPA-UST rules as follows:
Section 280.51. When required by the implementing agency,
						owners and operators of UST systems shall follow the procedures in section
						280.52 to determine if the UST system is the source of offsite impacts. These
						impacts include the discovery of regulated substances, for instance the
						presence of free product or vapors in soils, basements, sewer and utility
						lines, and nearby surface and drinking waters, that have been observed by the
						implementing agency or brought to its attention by another party.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart E - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section R. 29.2131 - Release investigation and confirmation steps

Current through Vol. 24-12, July 15, 2024
Rule 31. Section 280.52 is amended to read as
						follows:
Section 280.52. Unless corrective action is initiated in
						accordance with subpart F of these rules and part 213 of 1994 PA 451, MCL
						324.21301a to 324.21334, owners and operators shall immediately investigate and
						confirm all suspected releases of regulated substances requiring reporting
						under section 280.50, within 7 days or within another reasonable time period
						specified by the implementing agency, using either of the following steps or
						another procedure approved by the department:
(a) System test. Owners and operators shall
					 conduct tests, according to the requirements for tightness testing in sections
					 280.43(c) and 280.44(b), or as appropriate, secondary containment testing
					 described in subsection 280.33(d).
(1) The
					 test shall determine whether a leak exists in the portion of the UST system
					 that routinely contains product, or the attached delivery piping, or if a
					 breach of either wall of the secondary containment has occurred.
(2) If the system test confirms a leak into
					 the interstice or a release, owners and operators shall repair, replace,
					 upgrade, or close the UST system. In addition, owners and operators shall begin
					 corrective action in accordance with the provisions of subpart F of these rules
					 and part 213 of 1994 PA 451, MCL 324.21301a to 324.21334, if the test results
					 for the UST system, tank, or delivery piping, indicate that a leak
					 exists.
(3) Further investigation
					 is not required if the test results for the UST system, tank, and delivery
					 piping, do not indicate that a leak exists and if environmental contamination
					 is not the basis for suspecting a release.
(4) Owners and operators shall conduct a site
					 check as described in subdivision (b) of this section if the test results for
					 the UST system, tank and delivery piping, do not indicate that a leak exists,
					 but environmental contamination is the basis for suspecting a
					 release.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart E - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section R. 29.2133 - Reporting and cleanup of spills and overfills

Current through Vol. 24-12, July 15, 2024
Rule 33. Section 280.53 is amended to read as
						follows:
Section 280.53.
(a) O/Os of UST systems shall contain and
					 immediately clean up a spill or overfill, report to the department in the
					 manner specified in section 280.61, and begin corrective action in accordance
					 with subpart F of these rules and part 213 of 1994 PA 451, MCL 324.21301a to
					 324.21334, in either of the following cases:
(1) Spill or overfill of petroleum that
					 results in a release into the environment, such as groundwater, surface water,
					 or subsurface soils, that exceeds 25 gallons or that causes a sheen on nearby
					 surface water.
(2) A spill or
					 overfill of a hazardous substance that results in a release into groundwater,
					 surface water, or subsurface soils.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2135 - General

Current through Vol. 24-12, July 15, 2024
Rule 35. Section 280.60 is amended to read as adopted
						from the July 15, 2015, EPA-UST rules as follows:
Section 280.60. General. Owners and operators of
						petroleum or hazardous substance UST systems shall, in response to a confirmed
						release from the UST system, comply with the requirements of this subpart and
						part 213 of 1994 PA 451, MCL 324.21301a to 324.21334, except for underground
						storage tanks excluded under definition in these rules and UST systems subject
						to subtitle C, resource conservation and recovery act (RCRA),
						42 U.S.C. §
												6901 et seq. 1976, as amended, corrective
						action requirements under section 3004(u) of the RCRA.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2137 - Initial response

Current through Vol. 24-12, July 15, 2024
Rule 37. Section 280.61 is amended to read as
						follows:
Section 280.61. Upon confirmation of a release in
						accordance with section 280.52 or after a release from the UST system is
						identified in any other manner, O/Os, or a person employed by the O/Os, shall
						perform the following initial response actions within 24 hours of a release or
						within another reasonable period of time determined by the department:
(a) Report the release to the department by
					 telephone, in person, by electronic mail, or by facsimile. To meet the
					 requirements of this section, the report must contain, at a minimum, all of the
					 following information:
(1) Name of the person
					 reporting the release.
(2) Date and
					 time the release was discovered.
(3) Date and time the release was
					 reported.
(4) Location of the
					 release, including the facility name, address, county, and township.
(5) The owner's or operator's names and
					 mailing addresses.
(6) Name of the
					 contact person and phone number.
(7) Release information, including the type
					 of construction of the tank, the tank capacity, the substance released, and the
					 site condition that led the O/O to believe a release had occurred.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2139 - Notifications

Current through Vol. 24-12, July 15, 2024
Rule 39. Section 280.62 is amended to read as
						follows:
Section 280.62. Upon receiving a report of a release, the
						department shall send a confirmation of receiving the release report to the O/O
						within 14 days.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2141 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2143 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2145 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2147 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart F - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES › Section R. 29.2149 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart G - CLOSURE AND CHANGE IN SERVICE OF UST SYSTEMS › Section R. 29.2151 - Temporary closure

Current through Vol. 24-12, July 15, 2024
Rule 51. Section 280.70 is amended to read as
						follows:
Section 280.70. Temporary closure.
(a) An UST system is considered temporarily
					 closed if it is empty for more than 90 continuous days and it is intended to be
					 brought back into use within 12 months. Owners and operators shall continue the
					 operation and maintenance of corrosion protection in accordance with section
					 280.31 and any release detection in accordance with subpart D and K of these
					 rules. However, release detection and release detection operation and
					 maintenance testing and inspections in subparts C and D are not required if the
					 UST system is empty. In addition, spill and overfill operation and maintenance
					 testing and inspections in subpart C are not required. The UST system is empty
					 when all materials have been removed using commonly employed practices so that
					 not more than 2.5 centimeters (1 inch) of residue or 0.3% by weight of the
					 total capacity of the UST system remains in the system. The provisions of
					 subparts E and F of these rules must be complied with if a release is suspected
					 or confirmed. The owner shall provide the department with written notification,
					 using the registration form provided by the department, indicating that the UST
					 system will be temporarily closed for not more than 12 months and that the
					 owner intends to bring the UST system back into service within the 12-month
					 period.
(b) If an UST system is
					 temporarily closed for 3 months or more, then the owners and operators shall
					 also comply with both of the following requirements:
(1) Leave vent lines open and
					 functioning.
(2) Cap and secure all
					 other lines, pumps, manways, and ancillary equipment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart G - CLOSURE AND CHANGE IN SERVICE OF UST SYSTEMS › Section R. 29.2155 - Assessing site at closure or change in service

Current through Vol. 24-12, July 15, 2024
Rule 55. Section 280.72 is amended by to read as
						follows:
Section 280.72.
(a) Before permanent closure or a change in
					 service is completed, owners and operators shall measure for the presence of a
					 release where contamination is most likely to be present at the UST site. In
					 selecting sample types, sample locations and measurement methods, owners and
					 operators shall consider the method of closure, the nature of the stored
					 substance, the type of backfill, the depth to ground water, and other factors
					 appropriate for identifying the presence of a release. The requirements of this
					 section are satisfied if 1 of the external release detection methods allowed in
					 section 280.43(e) and (f) is operating in accordance with the requirements in
					 section 280.43 at the time of closure, and indicates no release has
					 occurred.
(b) If contaminated
					 soils, contaminated groundwater, or visible NAPL as a liquid or vapor is
					 discovered, under subsections (a) or (c) of this section or in any other
					 manner, then the owners and operators shall report a confirmed release in
					 accordance with section 280.61 and begin corrective action in accordance with
					 subpart F of these rules and part 213 of 1994 PA 451, MCL 324.21301a to
					 324.21334.
(c) Visible or olfactory
					 evidence of a regulated substance in the UST excavation constitutes a confirmed
					 release. Positive indication from field screening instruments constitutes a
					 suspected release.
(d) Upon closure
					 or a change in service of an UST, the owners and operators shall perform a site
					 assessment in compliance with either of the following provisions:
(1) Two soil borings must be taken as close
					 as practical to the tank, but not more than 5 feet from the tank. One boring
					 must be taken at each end of the tank, but not more than 2 feet below the
					 bottom of the tank and the boring must be taken at the bottom of each end of
					 the tank.
(2) Upon removal of an
					 UST, the owners and operators shall perform a site assessment in compliance
					 with either of the following provisions:
(i)
					 One discrete sample must be taken from the excavation floor underneath the fill
					 pipe area for each tank removed and 1 discrete sample must be taken from the
					 excavation floor underneath the opposite end of the tank.
(ii) One water sample must be taken if the
					 entire floor of the excavation is covered with water or a 1-for-1
					 water-for-soil sample must be taken if the excavation is partially covered with
					 water.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart G - CLOSURE AND CHANGE IN SERVICE OF UST SYSTEMS › Section R. 29.2157 - Applicability to previously closed UST systems

Current through Vol. 24-12, July 15, 2024
Rule 57. Section 280.73 is amended to read as follows:
						Section 280.73. When directed by the department, the O/O of an UST system that
						was permanently closed before the effective date of these rules shall assess
						the excavation zone and close the UST system in accordance with this subpart if
						suspected or confirmed releases from the UST system, in the judgment of the
						department, may pose a current or potential threat to human health and the
						environment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart G - CLOSURE AND CHANGE IN SERVICE OF UST SYSTEMS › Section R. 29.2159 - Closure records

Current through Vol. 24-12, July 15, 2024
Rule 59. Section 280.74 is amended to read as
						follows:
Section 280.74. Closure records. Owners and operators
						shall maintain records in accordance with the provisions of section 280.34,
						that are capable of demonstrating compliance with closure requirements under
						this subpart. The results of the excavation zone assessment required in section
						280.72 shall be maintained for not less than 3 years after completion of
						permanent closure or a change in service in 1 of the following ways:
(a) By the owners and operators who took the
					 UST system out of service.
(b) By
					 the current owners and operators of the UST system site.
(c) By mailing these records to the
					 implementing agency if they cannot be maintained at the closed
					 facility.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2161 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 61. Section 280.90 is amended to read as
						follows:
Section 280.90.
(a) This subpart applies to owners and
					 operators of all petroleum underground storage tank (UST) systems except as
					 otherwise provided in this section.
(b) Owners and operators of petroleum UST
					 systems are subject to these requirements if they are in operation on or after
					 the date for compliance established in section 280.91.
(c) State and federal government entities
					 whose debts and liabilities are the debts and liabilities of a state of the
					 United States are exempt from the requirements of this subpart.
(d) The requirements of this subpart do not
					 apply to owners and operators of any UST system excluded or deferred under part
					 211 of 1994 PA 451, MCL 324.21101 to 324.21113.
(e) If the owner and operator of a petroleum
					 UST are separate persons, only 1 person is required to demonstrate financial
					 responsibility; however, both parties are liable in event of
					 noncompliance.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2162 - Compliance dates

Current through Vol. 24-12, July 15, 2024
Rule 62. Section 280.91 is added as adopted from the July
						15, 2015, EPA-UST rules as follows:
Section 280.91. Owners of petroleum USTs are required to
						comply with the requirements of this subpart. Previously deferred UST systems
						shall comply with the requirements of this subpart according to the schedule in
						section 280.251(a).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2163 - Definition of terms

Current through Vol. 24-12, July 15, 2024
Rule 63. Section 280.92 is amended to read as follows:
						Section 280.92. As used in this subpart:
(a) "Accidental release" means any sudden or
					 nonsudden release of petroleum arising from an UST that results in a need for
					 corrective action and/or compensation for bodily injury or property damage
					 neither expected nor intended by the tank O/O.
(b) "Bodily injury" has the meaning given to
					 this term by applicable state law; however, this term does not include those
					 liabilities which, consistent with standard insurance industry practices, are
					 excluded from coverage in liability insurance policies for bodily
					 injury.
(c) "Chief financial
					 officer," in the case of local government owners and operators, means the
					 individual who has the overall authority and responsibility for the collection,
					 disbursement, and use of funds by the local government.
(d) "Controlling interest" means direct
					 ownership of not less than 50% of the voting stock of another entity.
(e) "Director of the implementing agency"
					 means the director of the Michigan department of licensing and regulatory
					 affairs, bureau of fire services.
(f) "Financial reporting year," which may
					 comprise either a fiscal or a calendar year period, means the latest
					 consecutive 12-month period for which any of the following reports used to
					 support a financial test is prepared:
(1) A
					 10-k report submitted to the securities exchange commission.
(2) An annual report of tangible net worth
					 submitted to Dun and Bradstreet.
(3) Annual reports submitted to the energy
					 information administration or the rural utilities service.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2163a - Amount and scope of required financial responsibility

Current through Vol. 24-12, July 15, 2024
Rule 63a. Section 280.93 is amended to read as adopted
						from the July 15, 2015, EPA-UST rules as follows:
Section 280.93.
(a) O/Os of petroleum USTs shall demonstrate
					 financial responsibility for taking corrective action and for compensating
					 third parties for bodily injury and property damage caused by accidental
					 releases arising from the operation of petroleum USTs in at least the following
					 per occurrence amounts:
(1) For O/Os of
					 petroleum USTs that are located at petroleum marketing facilities, or that
					 handle an average of more than 10,000 gallons of petroleum per month based on
					 annual throughput for the previous calendar year, $1 million.
(2) For all other O/Os of petroleum USTs,
					 $500,000.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2163b - Allowable mechanisms and combinations of mechanisms

Current through Vol. 24-12, July 15, 2024
Rule 63b. Section 280.94 is amended to read as adopted
						from the July 15, 2015, EPA-UST rules as follows:
Section 280.94.
(a) Subject to the limitations of subsections
					 (b) and (c) of this section, both of the following provisions apply:
(1) An O/O, including a local government O/O,
					 may use any 1 or a combination of the mechanisms listed in sections 280.95 to
					 280.103 to demonstrate financial responsibility under this subpart for 1 or
					 more USTs.
(2) A local government
					 O/O may use any 1 or a combination of the mechanisms listed in sections 280.104
					 to 280.107 to demonstrate financial responsibility under this subpart for 1 or
					 more USTs.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2163c - Financial test of self-insurance

Current through Vol. 24-12, July 15, 2024
Rule 63c. Section 280.95 is amended to read as adopted
						from the July 15, 2015, EPA-UST rules as follows:
Section 280.95.
(a) An O/O, and/or guarantor, may satisfy the
					 requirements of section 280.93 by passing a financial test as specified in this
					 section. To pass the financial test of self-insurance, the O/O, and/or
					 guarantor must meet the criteria of subsection (b) or (c) of this section based
					 on year-end financial statements for the latest completed fiscal
					 year.
(b)
(1) The O/O, and/or guarantor, shall have a
					 tangible net worth of at least 10 times all of the following:
(i) The total of the applicable aggregate
					 amount required by section 280.93, based on the number of USTs for which a
					 financial test is used to demonstrate financial responsibility to EPA under
					 this section or to a state implementing agency under a state program approved
					 by EPA under 40 C.F.R. part 281 (2015);
(ii) The sum of the corrective action cost
					 estimates, the current closure and post-closure care cost estimates, and amount
					 of liability coverage for which a financial test is used to demonstrate
					 financial responsibility to EPA under
					 40 C.F.R.
					 264.101,
					 264.143,
					 264.145,
					 265.143,
					 265.145,
					 264.147, and
					 265.147 (2015) or to a state
					 implementing agency under a state program authorized by EPA under 40 C.F.R.
					 part 271 (2015).
(iii) The sum of
					 current plugging and abandonment cost estimates for which a financial test is
					 used to demonstrate financial responsibility to EPA under 40 C.F.R. part 144.63
					 (2015) or to a state implementing agency under a state program authorized by
					 EPA under 40 C.F.R. part 145 (2015).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2163d - Guarantee

Current through Vol. 24-12, July 15, 2024
Rule 63d. Section 280.96 is amended to read as adopted
						from the July 15, 2015, EPA-UST rules as follows:
Section 280.96.
(a) An O/O may satisfy the requirements of
					 section 280.93 by obtaining a guarantee that conforms to the requirements of
					 this section. The guarantor shall be either of the following entities:
(1) A firm that meets 1 of the following:
(i) Possesses a controlling interest in the
					 O/O.
(ii) Possesses a controlling
					 interest in a firm described in paragraph (i) of this subdivision.
(iii) Is controlled through stock ownership
					 by a common parent firm that possesses a controlling interest in the
					 O/O.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2164 - Use of state-required mechanism

Current through Vol. 24-12, July 15, 2024
Rule 64. Section 280.100 is amended to read as adopted
						from the July 15, 2015, EPA-UST rules as follows:
Section 280.100 Use of state-required mechanism
(a) For underground storage tanks located in
					 a state that does not have an approved program, and where the state requires
					 owners or operators of underground storage tanks to demonstrate financial
					 responsibility for taking corrective action and/or for compensating third
					 parties for bodily injury and property damage, an O/O may use a state-required
					 financial mechanism to meet the requirements of section 280.93 if the EPA
					 regional administrator determines that the state mechanism is at least
					 equivalent to the financial mechanisms specified in this subpart.
(b) The regional administrator will evaluate
					 the equivalency of a state required mechanism principally in terms of certainty
					 of the availability of funds for taking corrective action and/or for
					 compensating third parties; the amount of funds that will be made available;
					 and the types of costs covered. The regional administrator may also consider
					 other factors as is necessary.
(c)
					 The state, an O/O, or any other interested party may submit to the regional
					 administrator a written petition requesting that 1 or more of the
					 state-required mechanisms be considered acceptable for meeting the requirements
					 of section 280.93. The submission shall include copies of the appropriate state
					 statutory and regulatory requirements and shall show the amount of funds for
					 corrective action and/or for compensating third parties assured by the
					 mechanism(s). The regional administrator may require the petitioner to submit
					 additional information as is deemed necessary to make this
					 determination.
(d) Any petition
					 under this section may be submitted on behalf of all of the states underground
					 storage tank owners and operators.
(e) The regional administrator will notify
					 the petitioner of his or her determination regarding the mechanisms
					 acceptability in lieu of financial mechanisms specified in this subpart.
					 Pending this determination, the owners and operators using such mechanisms are
					 deemed to be in compliance with the requirements of section 280.93 for
					 underground storage tanks located in the state for the amounts and types of
					 costs covered by such mechanisms.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2165 - State fund or other state assurance

Current through Vol. 24-12, July 15, 2024
Rule 65. Section 280.101 is amended to read as follows:
						Section 280.101 Deleted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2165a - Trust fund

Current through Vol. 24-12, July 15, 2024
Rule 65a. Section 280.102 is added as adopted from the
						July 15, 2015, EPA-UST rules as follows:
Section 280.102.
(a) An O/O may satisfy the requirements of
					 section 280.93 by establishing a trust fund that conforms to the requirements
					 of this section. The trustee must be an entity that has the authority to act as
					 a trustee and whose trust operations are regulated and examined by a federal
					 agency or an agency of the state in which the fund is established.
(b) The wording of the trust agreement must
					 be identical to the wording specified in subdivision 280.103(b)(1), and must be
					 accompanied by a formal certification of acknowledgment as specified in
					 subdivision 280.103(b)(2).
(c) The
					 trust fund, when established, must be funded for the full required amount of
					 coverage, or funded for part of the required amount of coverage and used in
					 combination with other mechanism(s) that provide the remaining required
					 coverage.
(d) If the value of the
					 trust fund is greater than the required amount of coverage, the O/O may submit
					 a written request to the director of the implementing agency for release of the
					 excess.
(e) If other financial
					 assurance as specified in this subpart is substituted for all or part of the
					 trust fund, the O/O may submit a written request to the director of the
					 implementing agency for release of the excess.
(f) Within 60 days after receiving a request
					 from the O/O for release of funds as specified in subsection (d) or (e) of this
					 section, the director of the implementing agency shall instruct the trustee to
					 release to the O/O such funds as the director specifies in
					 writing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2165b - Standby trust fund

Current through Vol. 24-12, July 15, 2024
Rule 65b. Section 280.103 is added as adopted from the
						July 15, 2015, EPA-UST rules as follows:
Section 280.103.
(a) An O/O using any 1 of the mechanisms
					 authorized by sections 280.96, 280.98, or 280.99 shall establish a standby
					 trust fund when the mechanism is acquired. The trustee of the standby trust
					 fund shall be an entity that has the authority to act as a trustee and whose
					 trust operations are regulated and examined by a federal agency or an agency of
					 the state in which the fund is established.
(b)
(1) The
					 standby trust agreement, or trust agreement, must be worded as follows, except
					 that instructions in brackets are to be replaced with the relevant information
					 and the brackets deleted:
TRUST AGREEMENT
Trust agreement, the Agreement, entered into as of [date]
						by and between [name of the owner or operator], a [name of state] [insert
						corporation, partnership, association, or proprietorship], the Grantor, and
						[name of corporate trustee], [insert Incorporated in the state of ___ or a
						national bank], the Trustee.
Whereas, the United States Environmental Protection
						Agency, EPA, an agency of the United States Government, has established certain
						regulations applicable to the Grantor, requiring that an owner or operator of
						an UST shall provide assurance that funds will be available when needed for
						corrective action and third party compensation for bodily injury and property
						damage caused by sudden and nonsudden accidental releases arising from the
						operation of the UST. The attached Schedule A lists the number of tanks at each
						facility and the name(s) and address(es) of the facility(ies) where the tanks
						are located that are covered by the standby trust agreement.
[Whereas, the Grantor has elected to establish [insert
						either a guarantee, surety bond, or letter of credit] to provide all or part of
						such financial assurance for the USTs identified herein and is required to
						establish a standby trust fund able to accept payments from the instrument
						(This paragraph is only applicable to the standby trust agreement.)];
Whereas, the Grantor, acting through its duly authorized
						officers, has selected the Trustee to be the trustee under this agreement, and
						the Trustee is willing to act as trustee; Now, therefore, the Grantor and the
						Trustee agree as follows:
Section 1.
Definitions
As used in this Agreement:
(a) The term Grantor means the owner or
					 operator who enters into this Agreement and any successors or assigns of the
					 Grantor.
(b) The term Trustee means
					 the Trustee who enters into this Agreement and any successor Trustee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Underground Storage Tank Regulations. R 29.2101-29.2192 › AMENDMENTS TO ADOPTED FEDERAL REGULATIONS › Subpart H - FINANCIAL RESPONSIBILITY › Section R. 29.2166a - Local government financial test

Current through Vol. 24-12, July 15, 2024
Rule 66a. Section 280.105 is amended to read as
						follows:
Section 280.105.
(a) A local government O/O may satisfy the
					 requirements of section 280.93 by passing the financial test specified in this
					 section. To be eligible to use the financial test, the local government O/O
					 shall have the ability and authority to assess and levy taxes or to freely
					 establish fees and charges. To pass the local government financial test, the
					 O/O shall meet the criteria of subsection (b)(2) and (3) of this section based
					 on year-end financial statements for the latest completed fiscal
					 year.
(b) The local government O/O
					 shall have all of the following information available, as shown in the year-end
					 financial statements for the latest completed fiscal year:
(1) Total revenues: Consists of the sum of
					 general fund operating and nonoperating revenues, including all of the
					 following:
(i) Net local taxes.
(ii) Licenses and permits.
(iii) Fines and forfeitures.
(iv) Revenues from use of money and
					 property.
(v) Charges for
					 services.
(vi) Investment
					 earnings.
(vii) Sales (property,
					 publications, and the like).
(viii)
					 Intergovernmental revenues (restricted and unrestricted).
(ix) Total revenues from all other
					 governmental funds, including enterprise, debt service, capital projects, and
					 special revenues, but excluding revenues to funds held in a trust or agency
					 capacity.
For purposes of this test, the calculation of total
						revenues shall exclude all transfers between funds under the direct control of
						the local government using the financial test (interfund transfers),
						liquidation of investments, and issuance of debt.