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 A - PROGRAM SCOPE AND INTERIM PROHIBITION › Section R. 29.2107 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 7. Section 280.12 is amended to read as
						follows:
Section 280.12. Definitions.
"Aboveground release" means any release to the surface of
						the land or to surface water. This includes, but is not limited to, releases
						from the aboveground portion of an UST system and aboveground releases
						associated with overfills and transfer operations as the regulated substance
						moves to or from an UST system.
"Active UST system" means an UST system that has been in
						use within the past 12 months.
"Ancillary equipment" means any devices including, but
						not limited to, such devices as piping, fittings, flanges, valves, and pumps
						used to distribute, meter, or control the flow of regulated substances to and
						from an UST.
"Approved" means acceptable to the department, unless
						specifically indicated otherwise in the rule.
"Belowground release" means any release to the subsurface
						of the land or to groundwater. This includes releases such as those from the
						belowground portions of an UST system and belowground releases associated with
						overfills and transfer operations as the regulated substance moves to or from
						an UST.
"Beneath the surface of the ground" means beneath the
						ground surface or otherwise covered with earthen materials.
"Cathodic protection" is a technique to prevent the
						corrosion of a metal surface by making that surface the cathode of an
						electrochemical cell. For example, a tank system can be cathodically protected
						through the application of either galvanic anodes or impressed current.
"Cathodic protection tester" means a person who can
						demonstrate an understanding of the principles and measurements of all common
						types of cathodic protection systems as applied to buried or submerged metal
						piping and tank systems and who has education and experience in soil
						resistivity, stray current, structure-to-soil potential, and component
						electrical isolation measurements of buried metal piping and tank systems. The
						person shall be certificated as being qualified by the national association of
						corrosion engineers (NACE) international, steel tank institute (STI), or any
						other organization that is acceptable to the department.
"CERCLA" means the comprehensive environmental response,
						compensation, and liability act of 1980, as amended,
						42 U.S.C. section
						9601 et seq.
"Class A operator" means either the O/O as defined in
						these rules or legal designee and has primary responsibility to operate and
						maintain the UST system. The class A operator typically manages resources and
						personnel, such as establishing work assignments, to achieve and maintain
						compliance with regulatory requirements.
"Class B operator" means an individual, or individuals,
						who has day-to-day responsibility for implementing applicable regulatory
						requirements established by the department. The class B operator typically
						implements in-field aspects of operation, maintenance, and recordkeeping for
						USTs at 1 or more facilities.
"Class C operator" means an individual responsible for
						responding to alarms or other indications of emergencies caused by spills,
						releases, overfills, and other emergency conditions associated with an UST
						system. The class C operator typically controls or monitors the dispensing or
						sale of regulated substances. A "class C operator" is not considered a
						"designated class B operator" as defined in these rules, although the same
						individual may hold both positions.
"Compatible" means the ability of 2 or more substances to
						maintain their respective physical and chemical properties upon contact with
						one another for the design life of the tank system under conditions likely to
						be encountered in the UST.
"Connected piping" means all underground piping,
						including valves, fittings, joints, flanges, and flexible connectors attached
						to a tank system, through which regulated substances flow. For determining how
						much piping is connected to any individual UST system, the piping that joins 2
						UST systems must be allocated equally between the systems.
"Consumptive use," with respect to heating oil, means
						consumed on the premises.
"Containment sump" means a liquid-tight container that
						protects the environment by containing leaks and spills of regulated substances
						from piping, dispensers, pumps and related components in the containment area.
						Containment sumps may be single walled or secondarily contained and located at
						the top of tank (tank top or submersible turbine pump sump), underneath the
						dispenser (under-dispenser containment sump), or at other points in the piping
						run (transition or intermediate sump).
"Corrosion expert" means a person who, by reason of
						thorough knowledge of the physical sciences and the principles of engineering
						and mathematics acquired by a professional education and related practical
						experience, is qualified to engage in the practice of corrosion control on
						buried or submerged metal piping systems and metal tanks. The person shall be
						certificated as being qualified by the NACE international as a senior corrosion
						technologist, a cathodic protection specialist, or a corrosion specialist or be
						a registered professional engineer who has certification or licensing that
						includes education and experience in corrosion control of buried or submerged
						metal piping systems and metal tanks.
"Deminimis concentration" An UST meets the requirements
						of exclusion (o) for deminimis concentration of regulated substances, under the
						definition of "UST system," if both of the following conditions are met:
(a) The concentration of a regulated substance in an UST
						system, when mixed with a nonregulated substance, is less than 110 gallons of
						regulated substance when the storage tank is full.
(b) The UST system, of any size or capacity, contains
						less than the reportable quantity of hazardous substance or substances in the
						product stored, as identified in the United States environmental protection
						agency table 302.4 list of hazardous substances and reportable quantities, when
						the storage tank is full.
"Deminimis quantity" means that the total quantity of a
						hazardous substance mixed with petroleum in a full UST is less than the
						reportable quantity for the substance as specified on the CERCLA list. This
						does not apply to motor fuel additives and blends that are added at the
						refinery or shipped via pipeline with the finished product, or both.
"Department" means the department of licensing and
						regulatory affairs, bureau of fire services.
"Dielectric material" means a material that does not
						conduct direct electrical current. Dielectric coatings are used to electrically
						isolate UST systems from the surrounding soils. Dielectric fittings are used to
						electrically isolate portions of the UST system, for example, the tank from
						piping.
"Director" means the director of the department.
"Dispenser" means equipment located aboveground that
						dispenses regulated substances from the UST system.
"Dispenser system" means the dispenser and the equipment
						necessary to connect the dispenser to the UST system.
"Dispenser system replacement" means to remove an
						existing dispenser and the equipment necessary to connect the dispenser to the
						UST system and install a new dispenser and the equipment necessary to connect
						the dispenser to the UST system. This equipment includes the following:
(a) Flexible connectors.
(b) Risers.
(c) Check valves, shear valves, and unburied
						risers.
(d) Other transitional components that are beneath the
						dispenser and connect the dispenser to the piping.
"Electrical equipment" means underground equipment that
						contains dielectric fluid that is necessary for the operation of equipment such
						as transformers and buried electrical cable.
"Excavation zone" means the volume containing the tank
						system and backfill materials bounded by the ground surface, walls, and floor
						of the pit and trenches into which the UST system is placed at the time of
						installation.
"Existing tank system" means a tank system used to
						contain an accumulation of regulated substances or for which installation is
						considered to have commenced if the O/O has obtained all federal, state, and
						local approvals or permits necessary to begin physical construction of the site
						or installation of the tank system and either a continuous on-site physical
						construction or installation program has begun or the O/O has entered into
						contractual obligations - that cannot be canceled or modified without
						substantial loss. These obligations include the physical construction at the
						site or installation of the tank system to be completed within a reasonable
						time.
"Farm tank" means a tank located on a tract of land
						devoted to the production of crops or raising animals, including fish, and
						associated residences and improvements. A farm tank must be located on the farm
						property. "Farm" includes fish hatcheries, rangeland, and nurseries that have
						growing operations.
"Field-constructed tank" means a tank that is constructed
						on-site.
"Flow-through process tank" means a tank that forms an
						integral part of a production process through which there is a steady,
						variable, recurring, or intermittent flow of materials during the operation of
						the process and the tank is utilized to carry out or control the heating,
						cooling, mixing, blending, separating, metering, or chemical action of
						materials. The processing is done on a regular basis and it is the primary
						function of the tank. Flow-through process tanks do not include tanks used for
						the storage of materials before their introduction into the production process
						or for the storage of finished products or by-products from the production
						process or tanks that are only used to recirculate materials.
"Gathering lines" means any pipeline, equipment,
						facility, or building used in the transportation of oil or gas during oil or
						gas production or gathering operations.
"Hazardous substance UST system" means an UST system that
						contains a hazardous substance defined in section 101(14) of the comprehensive
						environmental response compensation and liability act of 1980,
						42 U.S.C.
						9601, (but not including any substance
						regulated as a hazardous waste under subtitle C) or any mixture of such
						substances and petroleum, unless the mixture is a petroleum product.
"Heating oil" means petroleum that is no. 1, no. 2, no.
						4-light, no. 4-heavy, no. 5-light, no. 5-heavy, and no. 6 technical grades of
						fuel oil; other residual fuel oils, including navy special fuel oil and bunker
						C; and other fuels when used as substitutes for 1 of these fuel oils. Heating
						oil is typically used in the operation of heating equipment, boilers, or
						furnaces.
"Hydraulic lift tank" means a tank holding hydraulic
						fluid for a closed-loop mechanical system that uses compressed air or hydraulic
						fluid to operate lifts, elevators, and other similar devices.
"Implementing agency" means the department of licensing
						and regulatory affairs, bureau of fire services, by section 21106 of 1994 PA
						451, MCL 324.21106, or a local unit of government delegated authority under
						part 211 of 1994 PA 451, MCL 324.21101 to 324.21113.
"Integral secondary containment system" means a tank or
						piping system that has the primary containment tank or piping system fully
						jacketed by an external, 360-degree, unbonded, nonmetallic material, that
						provides for external corrosion protection, liquid interstitial space
						communication and monitoring, and product compatibility to contain a release
						from the primary containment tank or piping system. The jacketing material for
						the tank must be a minimum of 100 mils in thickness. The integral secondary
						containment system must be acceptable to the department.
"In use" means that an UST or UST system contains more
						than 2.5 centimeters (1 inch) of a regulated substance.
"Liquid trap" means sumps, well cellars, and other traps
						used in association with oil and gas production, gathering, and extraction
						operations, including gas production plants, for the purpose of collecting oil,
						water, and other liquids. These liquid traps may temporarily collect liquids
						for subsequent disposition or reinjection into a production or pipeline stream
						or may collect and separate liquids from a gas stream.
"Local unit of government" means a city, village,
						township, county, or governmental authority or any combination of cities,
						villages, townships, counties, or governmental authorities.
"Maintenance" means the normal operational upkeep to
						prevent an UST system from releasing product.
"Motor fuel" means a complex blend of hydrocarbons
						typically used in the operation of a motor engine, such as motor gasoline,
						aviation gasoline, no. 1 or no. 2 diesel fuel, or any blend containing 1 or
						more of these substances (for example: motor gasoline blended with
						alcohol).
"NAPL" means a nonaqueous-phase liquid or a
						nonaqueous-phase liquid solution composed of 1 or more organic compounds that
						are immiscible or sparingly soluble in water.
"New tank system" means a tank system that will be used
						to contain an accumulation of regulated substances and for which installation
						has commenced after December 22, 1988. See also "existing tank system."
"Noncommercial purposes," with respect to motor fuel,
						means, not for resale.
"On the premises where stored," with respect to heating
						oil, means UST systems located on the same property where the stored heating
						oil is used.
"Operational life" means the period beginning when
						installation of the tank system has commenced until the time the tank system is
						permanently closed under subpart G.
"Operator" means a person who is presently, or was at the
						time of a release, in control of, or responsible for, the operation of an UST
						system.
"Out of service" is defined the same as "out of
						use".
"Out of use" means that an UST system is not in use. (See
						definition of "in use").
The system must be reported as either temporarily closed
						or permanently closed.
"Overfill release" means a release that occurs when a
						tank is filled beyond its capacity and results in a discharge of the regulated
						substance into the environment.
"Owner" means a person who holds, or at the time of a
						release held, a legal, equitable, or possessory interest of any kind in an UST
						system or in the property on which an UST system is located, such as, a trust,
						vendor, vendee, lessor, or lessee. However, "owner" does not include a person
						or a regulated financial institution acting in a fiduciary capacity that,
						without participating in the management of an UST system and without being
						otherwise engaged in petroleum production, refining, or marketing relating to
						the UST system, holds indicative of ownership primarily to protect the person's
						or the regulated financial institution's security interest in the UST system or
						the property on which it is located or to implement the terms of a trust
						agreement.
"O/O" means owner or operator.
"Person" means any of the following:
(a) An individual.
(b) A partnership.
(c) A joint venture.
(d) A trust.
(e) A firm.
(f) A joint stock company.
(g) A corporation, including a government
						corporation.
(h) An association.
(i) A local unit of government.
(j) A commission.
(k) The state.
(l) A political subdivision of a state.
(m) An interstate body.
(n) The federal government.
(o) A political subdivision of the federal
						government.
(p) Any other legal entity.
"Petroleum UST system" means an UST system that contains
						petroleum or a mixture of petroleum that has additives and deminimis quantities
						of other regulated substances. The systems include those containing any of the
						following:
(a) Motor fuels.
(b) Jet fuels.
(c) Distillate fuel oils.
(d) Residual fuel oils.
(e) Lubricants.
(f) Used oils.
(g) Petroleum solvents.
"Pipe" or "piping" means a hollow cylinder or tubular
						conduit that is constructed of nonearthen materials that routinely contains and
						conveys regulated substances from the tank or tanks to the dispenser or
						dispensers or other end use equipment and includes connected piping. Piping
						does not include any of the following:
(a) Vent pipe.
(b) Vapor recovery lines.
(c) Fill lines that are not remote fill lines and that do
						not routinely contain regulated substances.
"Piping replacement" means to remove and install as new
						more than 50% of piping connected to a single underground tank.
"Pipeline facilities," including gathering lines, means
						new and existing pipe rights-of-way and any associated equipment, facilities,
						or buildings.
"Public water supply" has the same meaning as defined in
						1976 PA 399, MCL 325.1001 to 325.1023, and rules promulgated under that
						act.
"Regulated substance" means either of the
						following:
(a) A substance defined in section 101(14) of title I of
						the comprehensive environmental response, compensation and liability act of
						1980, Public Law 96-510, 42
						U.S.C. section 9601 et seq., but not
						including a substance regulated as a hazardous waste under subtitle C of the
						solid waste disposal act of 1965, title II of Public Law 89-272, as amended,
						42 U.S.C. section
						6921 to section
						6931 and section
						6933 to section
						6939b.
(b) Petroleum, including crude oil or any fraction of
						crude oil that is liquid at standard conditions of temperature and pressure (60
						degrees Fahrenheit and 14.7 pounds per square inch absolute). Petroleum
						includes mixtures of petroleum that have deminimis quantities of other
						regulated substances and also includes petroleum-based substances comprised of
						a complex blend of hydrocarbons derived from crude oil through processes of
						separation, conversion, upgrading, or finishing, such as any of the
						following:
(1) Motor fuels.
(2) Jet fuels.
(3) Distillate fuel oils.
(4) Residual fuel oils.
(5) Lubricants.
(6) Petroleum solvents.
(7) Used oils.
"Release" means any spilling, leaking, emitting,
						discharging, escaping, leaching, or disposing from an UST into groundwater,
						surface water, or subsurface soils.
"Release detection" means determining whether a release
						of a regulated substance has occurred from the UST system into the environment
						or a leak has occurred into the interstitial space between the UST system and
						its secondary barrier or secondary containment around it.
"Repair" means to restore a tank or UST system component
						to proper operating condition, such as a tank, pipe, spill prevention
						equipment, overfill prevention equipment, corrosion protection equipment,
						release detection equipment or other UST system component that has caused a
						release of product from the UST system or has failed to function properly.
						Repairs that involve the replacement of more than 50% of the length of any
						underground piping between the tank and the dispenser at any 1 time must be
						considered a replacement of the underground piping and must meet the
						requirements of the new UST system underground piping in subsection
						280.20(b).
"Replaced" means either of the following:
(1) For a tank - to remove a tank and install another
						tank.
(2) For piping - to remove 50% or more of piping and
						install other piping, excluding connectors, connected to a single tank. For
						tanks with multiple piping runs, this definition applies independently to each
						piping run.
"Residential tank" means a tank located on property used
						primarily for dwelling purposes.
"SARA" means the superfund amendments and reauthorization
						act of 1986, 42 U.S.C.
						section 9601 et seq. as amended by 1986
						Public Law 99-499.
"Secondary containment," 360-degree integral secondary
						containment system and, for piping, a 360-degree double-walled pipe or a
						360-degree integral secondary containment system or other method of containment
						indicated in subsection 280.42(e). Secondary containment systems must meet the
						requirements of subsections 280.42(a), (b), and (d). This system has an inner
						and outer barrier with an interstitial space that is monitored for leaks. This
						term includes containment sumps when used for interstitial monitoring of
						piping.
"Septic tank" is a watertight covered receptacle designed
						to receive or process, through liquid separation or biological digestion, the
						sewage discharged from a building sewer. The effluent from such receptacle is
						distributed for disposal through the soil and settled solids and scum from the
						tank are pumped out periodically and hauled to a treatment facility.
"State fire marshal" means fire marshal for the state of
						Michigan.
"Storm-water or wastewater collection system" means
						piping, pumps, conduits, and any other equipment necessary to collect and
						transport the flow of surface water runoff resulting from precipitation or
						domestic, commercial, or industrial wastewater to and from retention areas or
						any areas where treatment is designated to occur. The collection of storm water
						and wastewater does not include treatment, except where incidental to
						conveyance.
"Surface impoundment" means a natural topographic
						depression, manmade excavation, or diked area formed primarily of earthen
						materials, although it may be lined with man-made materials, that is not an
						injection well.
"Tank" means a stationary device designed to contain an
						accumulation of regulated substances and constructed of non-earthen materials,
						for example, concrete, steel, or plastic, that provide structural
						support.
"Training program" means any program that provides
						information to and evaluates the knowledge of a class A, class B, or class C
						operator through testing, practical demonstration, or another approach
						acceptable to the implementing agency regarding requirements for UST systems
						that meet the requirements of subpart J.
"Under-dispenser containment (UDC)" means containment
						underneath a dispenser that will prevent leaks from the dispenser and piping
						within or above the UDC from reaching soil or groundwater. Such containment
						must meet all of the following:
(a) Be liquid-tight on its sides, bottom, and at any
						penetrations.
(b) Be compatible with the substance conveyed by the
						piping.
(c) Allow for visual inspection and access to the
						components in the containment system and/or be monitored.
(d) Prevent the intrusion of surface water.
"Underground area" means an underground room, such as a
						basement, cellar, shaft, or vault, providing enough space for physical
						inspection of the exterior of the tank situated on or above the surface of the
						floor.
"Underground release" means any belowground
						release.
"Underground storage tank system" or "UST system" or
						"tank system" means a tank or combination of tanks, including underground pipes
						connected to the tank or tanks or underground ancillary equipment containment
						systems, if any, which is, was, or may have been, used to contain an
						accumulation of regulated substances and the volume of which, including the
						volume of underground pipes connected to the tank or tanks, is 10% or more
						beneath the surface of the ground. An UST system does not include any of the
						following:
(a) A farm or residential tank that has a capacity of
						1,100 gallons or less and that is used for storing motor fuel for noncommercial
						purposes.
(b) A tank used for storing heating oil for consumptive
						use on the premises where the oil is stored.
(c) A septic tank.
(d) A pipeline facility, including gathering lines,
						regulated under either of the following:
(1) The natural gas pipeline safety act of 1968, Public
						Law 90-481, as amended, 49 U.S.C. appendix section 1671 to section 1677,
						section 1679A to section 1682, and section 1683 to section 1687.
(2) Sections 201 to 215 and 217 of the hazardous liquid
						pipeline safety act of 1979, as amended, title II of Public Law 96-129, 49
						U.S.C. appendix section 2001.
(e) A surface impoundment, pit, pond, or lagoon.
(f) A stormwater or wastewater collection system.
(g) A flow-through process tank.
(h) A liquid trap or associated gathering lines directly
						related to oil or gas production and gathering operations.
(i) A storage tank situated in an underground area, such
						as a basement, cellar, mine, drift, shaft, or tunnel if the storage tank is
						situated on or above the surface of the floor.
(j) Any pipes connected to a tank that is described in
						subparagraphs (a) to (i) and (k) to (p) of this paragraph.
(k) An UST system holding hazardous wastes listed or
						identified under the provisions of subtitle C of the solid waste disposal act
						of 1965, title II of Public Law 89-272, as amended,
						42 U.S.C. section
						6921 to section
						6931 and section
						6933 to section
						6939b, or a mixture of the
						hazardous waste and other regulated substances.
(l) A wastewater treatment tank system that is part of a
						wastewater treatment facility regulated under the provisions of section 307(b)
						of title III or section 402 of title IV of the federal water pollution control
						act of 1972, as amended, 33
						U.S.C. section 1317 and section 342.
(m) Equipment or machinery that contains regulated
						substances for operational purposes, such as hydraulic lift tanks and
						electrical equipment tanks.
(n) An UST system that has a capacity of 110 gallons or
						less.
(o) An UST system that contains a deminimis concentration
						of regulated substances. Please see the definition of "deminimis
						concentration."
(p) An emergency spill or overflow containment UST system
						that is emptied within 10 days after use.
"Underground tank" means an UST, except that such term
						does not include underground piping.
"Upgrade" means the addition or retrofit of some systems,
						such as cathodic protection, lining, or spill and overfill controls, to an
						existing tank system to improve the ability of an UST system to prevent the
						release of product.
"Wastewater treatment tank" means a tank that is designed
						to receive and treat an influent wastewater through physical, chemical, or
						biological methods.