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. 29.2153 - Permanent closure and changes in service

Current through Vol. 24-12, July 15, 2024
Rule 53. Section 280.71 is amended to read as
						follows:
Section 280.71.
(a) Not less than 30 days before beginning
					 either permanent closure or a change in service under subsection (b) and (c) of
					 this section, or within another reasonable time period determined by the
					 department, an owner and operator, or a person employed by the owner and
					 operator, shall notify the department of the owner's and operator's intent to
					 permanently close or make the change in service, unless the action is in
					 response to corrective action. The 30-day notification requirement may be
					 waived by the department. The required assessment of the excavation zone under
					 section 280.72 must be performed after notifying the department, but before
					 completion of the permanent closure or change in service. The owner and
					 operator has the final responsibility to ensure the notification is
					 given.
(b) an UST system is
					 considered permanently closed when the UST system is empty for 30 days or more
					 and does not meet the requirements of temporary closure specified in section
					 280.70 or the requirements for change in service specified in section 280.72.
					 To permanently close a tank, an owner and operator shall empty and clean it by
					 removing all liquids and accumulated sludge and purge it of all vapors. All
					 tanks closed permanently must be removed from the ground. If buildings or
					 structures exist above or near the tank, or in close proximity to the tank such
					 that removal would jeopardize the building or structure integrity, the O/O may
					 close the UST system in place. To close the UST system in place, the tank must
					 be emptied and cleaned as defined in this subsection and filled with an inert
					 solid material and a site assessment shall be conducted under section 280.72.
					 Piping permanently removed from service must be emptied of all liquids and
					 sludge, purged, and capped or shall be removed from the ground. Unless approved
					 by the department, the owners and operators of an improperly closed UST system
					 shall close the UST system in accordance with this section and sections 280.72
					 to 280.74. A tank is considered improperly closed in place if removal would not
					 cause structural damage to any building or major structure.
(c) The use of an UST system to store a
					 nonregulated substance is considered a change in service. Owners and operators
					 are required to provide a 30-day notice in accordance with subsection (a) of
					 this section. This notice must be on a form provided by the department. Owners
					 and operators or their agent shall then empty and clean the tank and piping by
					 removing all liquid and accumulated sludge and conduct a site assessment in
					 accordance with section 280.72.
(d)
					 Notification of permanent closure or a change in service, as required under
					 subsection (a) of this section, must be on a form provided by the department.
					 The owner and operator shall notify the department not less than 2 working
					 days, excluding Saturdays, Sundays, and holidays, before the actual permanent
					 closure or change in service of the UST system.
(e) Upon notification received under
					 subsection (d) of this section, the department shall forward an approval notice
					 to the O/O. The approval is valid for 6 months. If the UST system is not closed
					 or a change in service does not occur within the 6-month period, then the owner
					 and operator shall resubmit the notification form specified in subsection (d)
					 of this section.
(f) Within 30 days
					 of permanent closure or a change in service of the UST system, the owner and
					 operator shall sign and submit an amended registration for underground storage
					 tank form or, in place of an amended registration form required under section
					 280.22, an O/O may submit a site assessment form, in accordance with section
					 280.72, signed by the owner, within 45 days of permanent closure or a change in
					 service.