6 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2007-032

 

DEPARTMENT OF ENVIRONMENTAL QUALITY WASTE AND HAZARDOUS MATERIALS DIVISION UNDERGROUND STORAGE TANK REGULATIONS

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By authority conferred on the Michigan Department of Environmental Quality by Section 21106 of 1994, PA 451 MCL Act No. 451 of the Public Acts of 1994, as amended, being §324.21106 of the Michigan Compiled Laws.)

 

Draft December 4, 2007

 

R 29.2101, R 29.2103, R 29.2107, R 29.2109, R 29.2111, R 29.2113, of the Michigan Administrative Code are amended to read as follows:

 

R 29.2101 Adoption of standards by reference.

Rule 1. The provisions of 40 C.F.R. part 280, subparts A to H, (1988) (2006), entitled "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks," as amended by 54 F.R. November 9, 1989, pages 47081 to 47092, and as amended by 58 F.R. February 18, 1993, pages 9050 to 9059, are adopted by reference in these rules. Copies of the adopted regulations may be obtained from the Department of Environmental Quality, Storage Tank Division Waste and Hazardous Materials Division, P.O. Box 30157 30241, Lansing, Michigan 48909-7657 7741, or from the United States Environmental Protection Agency, 401 M Street S.W., Washington, DC 20460.  As of the time of adoption of these rules, the adopted regulations may be obtained without cost. at a cost as of the time of adoption of these rules of $50.00 per copy plus $20.00 handling, plus shipping, or from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, 202-512-1800, at a cost as of the time of adoption of these rules of $50.00.

 

AMENDMENTS TO ADOPTED FEDERAL REGULATIONS SUBPART A. PROGRAM SCOPE AND INTERIM PROHIBITION

 

R 29.2103 Applicability.

Rule 3. Section 280.10 is amended to read as follows:

Section 280.10. (a) The requirements of these rules apply to all owners and operators of a UST system.

(b)   Deleted.

(c)   Deferrals. Subparts B, C, D, E, and G do not apply to any of the following types of UST systems:

(1)  A wastewater treatment tank system.

 

 

(2)  Any UST system which contains radioactive material and which is regulated under the provisions of the atomic energy act of 1954, as amended, 42 U.S.C. §2011 et seq.

(3)  Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the nuclear regulatory commission under the provisions of 10 C.F.R. part 50, appendix A, (1989).

(4)   Airport hydrant fuel distribution systems.

(5)   UST systems that have field-constructed tanks.

(d)  Deleted. Deferrals. Subpart D does not apply to any UST system that stores fuel solely for use by emergency power generators.

(e)   Prohibitions.

(1)  Upon notification by the implementing agency, a person shall not deliver a regulated substance into any UST system if the system is not in compliance with these rules.  Such notification may include verbal or written communication or an affixed written notification on the UST system.

(2)  A person shall not tamper with, remove, or disregard written notification affixed to the UST system.

(3)  Any UST system or practice that is not in compliance with these rules shall be considered to be in violation of these rules.

(4)  An owner and operator shall not continue to use a UST system that is causing a release. If the release is from the piping, then the piping shall be emptied of any liquid product until repaired and tested or replaced.  If the release is from the tank, or if the origin of the release cannot be determined, then the UST system shall be expeditiously emptied of all liquid product until repaired and tested or replaced.

(f)  An implementing agency may order, at the expense of the owner, a tightness test of a UST system in accordance with the provisions of sections 280.43(c) and 280.44(b), the installation of dry well test holes, or the emptying of a UST system in accordance with the provisions of section 280.71 when there is reason to believe that the UST system is releasing a regulated substance.

(g)   UST systems installed on or before January 3, 1991, in accordance with the provisions of 40

C.F.R. part 280, (1988), the United States environmental protection agency UST rules, shall be deemed to be in compliance with new UST system requirements.

(h)  A person may request a variation of the application of a rule by applying to the department with a satisfactory explanation of why compliance is not possible.  If the requested variation involves a substantive rule as opposed to a procedural rule, such as time deadlines, then the department shall notify affected state and local agencies of the nature of, and the reasons for, the request and consider any input provided within 10 days of receipt of the notice by affected state and local agencies.  The department may make a variation upon finding that the variation does not result in an increased hazard to life, property, or the environment.  The findings shall be transmitted to the person requesting the variation and shall be maintained at the facility.

(i)   A person aggrieved by a final decision of the department on a request for variance may appeal to the circuit court within 21 days of the decision.

(j)   All UST systems shall comply with the provisions of R 29.4103 to R 29.4104 and R 29.4201 to R 29.4319 of the Michigan Administrative Code.  These rules shall supersede any conflicting provision of R 29.4103 to R 29.4101 and R 29.4201 to R 29.4319 of the Michigan Administrative Code.

(k)  UST systems installed on or before the effective date of these amendatory rules in accordance with the provisions of R 29.2101 through to R 29.2169 then in effect shall be deemed to be in compliance with these amendatory rules.

 

R 29.2107 Definitions.

 

 

Rule 7. Section 280.12 is amended to read as follows: Section 280.12.

"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 a 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 underground storage tank system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank.

"Beneath the surface of the ground" means beneath the ground surface or otherwise covered with earthen materials.

"Cathodic protection" is a technique to prevent 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. §9601 et seq.

"Compatible" means the ability of two 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 the purpose of determining how much piping is connected to any individual UST system, the piping that joins 2 UST systems shall be allocated equally between the systems.

"Consumptive use," with respect to heating oil, means consumed on the premises. "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." A UST meets the requirements of exclusion (xv) for deminimis concentration of regulated substances, under the definition of "UST system," if both of the following conditions are met:

(i)   The concentration of a regulated substance in a UST system, when mixed with a nonregulated substance, is less than 110 gallons of regulated substance when the storage tank is full.

(ii)   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 environmental quality.

"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.

"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 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 owner or operator 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 owner operator 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 shall be located on the farm property. "Farm" includes fish hatcheries, rangeland, and nurseries that have growing operations.

"Field-constructed tank" means a tank which has a capacity of more than 50,000 gallons and which 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.

"Free product" means a regulated substance that is present as a nonaqueous phase liquid (for example, liquid not dissolved in water).

"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 underground storage tank 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 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 one 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 or a local unit of government delegated authority under Part 211 of Act No. 451 of the Public Acts of 1994, as amended, being §324.21101 et seq. of the Michigan Compiled Laws.

"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 shall be a minimum of 100 mils in thickness. The integral secondary containment system shall be acceptable to the department.

"In use" means that an underground storage tank or underground storage tank 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 underground storage tank system from releasing product.

"Motor fuel" means petroleum or a petroleum-based substance which is motor gasoline, aviation gasoline, no. 1 or no. 2 diesel fuel, or any grade of gasohol and which is typically used in the operation of a motor vehicle.

"Motor fuel 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.

"New tank system" means a tank system which 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 oil is used.

"Operational life" means the period beginning when installation of the tank system has commenced until the time the tank system is properly 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 underground storage tank system.

"Out of service" (see definition of "out of use").

"Out of use" means that an underground storage tank system is not in use. (See definition of "in use"). The system shall 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 underground storage tank system or in the property on which a 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 underground storage tank system and without being otherwise engaged in petroleum production, refining, or marketing relating to the underground storage tank system, holds indicative of ownership primarily to protect the person's or the regulated financial institution's security interest in the underground storage tank system or the property on which it is located or to implement the terms of a trust agreement.

"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 underground storage tank 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.

 

 

"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 put back in 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 Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan compiled Laws, and rules promulgated under Act No. 399 of the Public Acts of 1976.

"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. §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. §6921 to §6931 and §6933 to §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:

(i)   Motor fuels.

(ii)   Jet fuels.

(iii)   Distillate fuel oils.

(iv)   Residual fuel oils.

(v)   Lubricants.

(vi)   Petroleum solvents.

"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 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. 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 shall be considered a replacement of the underground piping and shall meet the requirements of the new UST system underground piping in section 280.20(b).

"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. §9601 et

seq. as amended by 1986 Public Law 99-499.

"Secondary containment," where required for a petroleum UST system, means at least a 330- degree double-wall tank or a 360-degree integral secondary containment system and, for piping, a 360- degree double-wall pipe or a 360-degree integral secondary containment system or other method of

 

 

containment indicated in section 280.42(b)(5).  Secondary containment systems shall meet the requirements of section 280.42(b)(1), (2), and (4).

"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" deleted.

"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.

"Under-dispenser containment (UDC)" means containment underneath a dispenser that will prevent leaks from the dispenser 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 replacement" means to remove an existing tank and install a new tank.

"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 underground storage tank system does not include any of the following:

(i)   A farm or residential tank which has a capacity of 1,100 gallons or less and which is used for storing motor fuel for noncommercial purposes.

(ii)   A tank used for storing heating oil for consumptive use on the premises where the oil is

stored.

(iii)   A septic tank.

(iv)   A pipeline facility, including gathering lines, regulated under either of the following:

(A)  The natural gas pipeline safety act of 1968, Public Law 90-481, as amended, 49 U.S.C.

appendix §1671 to §1677, §1679A to §1682, and §1683 to §1687.

 

 

(B)  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 §2001.

(v)   A surface impoundment, pit, pond, or lagoon.

(vi)   A stormwater or wastewater collection system.

(vii)   A flow-through process tank.

(viii)   A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(ix)   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.

(x)  Any pipes connected to a tank that is described in subparagraphs (i) to (ix) and (xi) to (xvi) of this paragraph.

(xi)   An underground storage tank 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. §6921 to §6931 and §6933 to §6939b, or a mixture of the hazardous waste and other regulated substances.

(xii)   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. §1317 and §1342.

(xiii)   Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift tanks and electrical equipment tanks.

(xiv)   An underground storage tank system that has a capacity of 110 gallons or less.

(xv)  An underground storage tank system that contains a deminimis concentration of regulated substances.  Please see the definition of "deminimis concentration."

(xvi)   An emergency spill or overflow containment underground storage tank system that is emptied within 10 days after use.

"Underground tank" means an underground storage tank, 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 underground storage tank 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.

            "Wellhead protection area" means the surface and subsurface area which surrounds a water well or well field that supplies a public water supply and through which contaminants are reasonably likely to move toward and reach the water well or well field.

 

SUBPART B. UST SYSTEMS; DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION

 

R 29.2109 Performance standards for new UST systems.

Rule 9. Section 280.20 is amended to read as follows:

Section 280.20. (a) Tanks. Each tank shall meet the definition of secondary containment as defined in section 280.12 and shall be properly designed and constructed.  Any portion of a tank which is underground and which routinely contains product shall be protected from corrosion as follows:

(1)  The tank shall be constructed of fiberglass-reinforced plastic.

(2)   The tank shall be constructed of steel and be cathodically protected in the following manner:

(i)   The tank shall be coated with a suitable dielectric material.

 

 

(ii)   Factory-installed or field-installed cathodic protection systems shall be designed by a corrosion expert.

(iii)   Impressed current systems shall be designed to allow a determination of current operating status as required in section 280.31(c).

(iv)   Cathodic protection systems shall be operated and maintained in accordance with section

280.31 or according to procedures acceptable to the department.

(3)   The tank shall be constructed of a steel-fiberglass-reinforced-plastic composite. The fiberglass reinforced plastic shall be a minimum of 100 mils thick.

(4)   Deleted.

(5)   The tank construction and corrosion protection shall be determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is at least as protective of human health and the environment as the protections specified in subdivisions(1) to (3) of this subsection.

(b)   Piping. All pressurized piping in contact with the ground shall be equipped with secondary containment as defined in section 280.12.  Any piping that routinely contains regulated substances and is in contact with the ground shall be properly designed, constructed, and protected from corrosion in compliance with 1 of the following provisions:

(1)   The piping shall be constructed of fiberglass-reinforced plastic.

(2)   The piping shall be constructed of metal and be cathodically protected in the following manner:

(i)   The piping shall be coated with a suitable dielectric material.

(ii)   Field-installed cathodic protection systems shall be designed by a corrosion expert.

(iii)   Impressed current systems shall be designed to allow a determination of current operating status as required in section 280.31(c).

(iv)   Cathodic protection systems shall be operated and maintained in accordance with the provisions of section 280.31 or procedures acceptable to the department.

(v)   Metallic secondary containment underground piping systems shall have corrosion protection as specified in subdivision (2)(i) to (iv) of this subsection.

(3)   Deleted.

(4)   The piping construction and corrosion protection shall be determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is at least as protective of human health and the environment as the protections specified in subdivisions

(1)   and (2) of this subsection.

(c)   The following provisions apply to spill and overfill prevention equipment:

(1)   Except as provided in subdivision (2) of this subsection, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators shall use the following spill and overfill prevention equipment:

(i)   Spill prevention equipment that will prevent the release of product to the environment when the transfer hose is detached from the fill pipe, for example, a spill catchment basin.

(ii)   Overfill prevention equipment for tanks that have a capacity of 4,000 gallons or less shall do 1 of the following:

(A)  Automatically shut off flow into the tank when the tank is not more than 95% full.

(B)  Alert the transfer operator when the tank is not more than 90% full by restricting the flow into the tank or by triggering a high-level alarm. For suction pump systems, a pressure regulator valve or other suitable device shall be installed in the suction piping if the flow restrictor causes a pressure buildup in the tank when activated.

(iii)   Overfill prevention equipment for tanks that have a capacity of more than 4,000 gallons shall do 1 of the following:

 

 

(A)  Restrict the flow from the delivery truck into the tank 30 minutes before overfill.

(B)  Sound an audible alarm 1 minute before overfill.

(C)  Automatically shut off the flow into the tank not less than 30 seconds before overfill.

(2)   Owners and operators are not required to use the spill and overfill prevention equipment specified in subdivision (1) of this subsection if alternative equipment is used that is determined by the department to be at least as protective of human health and the environment as the equipment specified in subdivision (1)(i) or (ii) of this subsection.

(d)  All tanks and piping shall be properly designed, constructed, installed, operated, and maintained in accordance with R 29.4 5101 et seq. of the Michigan Administrative Code.  All of the following provisions shall also apply:

(1)   Except at an active UST system location installed on or before January 3, 1991, a person shall not install a UST system unless the UST system, with or without secondary containment, is more than the following distances from the following items:

(i)   Fifty feet from a single-family drinking water well, as defined in part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §333.12701 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 368 of the Public Acts of 1978.

(ii)   Seventy-five feet from a type IIb and III noncommunity public water well, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 399 of the Public Acts of 1976.

(iii)   Two hundred feet from a type I community and type IIa noncommunity public water well, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 399 of the Public Acts of 1976, and from a public surface water intake.

(iv)   Tanks may not be installed at a location where loads from adjacent structures of any kind can be transmitted to the tank. A structure or foundation of a structure shall not be erected or constructed within a minimum of 10 feet from any point on the tank surface unless footings extend to the bottom of the tank excavation.

(2)   Deleted. For an active UST system location that was installed on or before January 3, 1991, as specified in subdivision (1) of this subsection, a person shall not install a UST system without secondary containment, as defined in section 280.12, within any of the following distances of the following items:

            (i) Fifty feet of a single-family drinking water well, as defined in part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §333.12701 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 368 of the Public Acts of 1978.

            (ii) Seventy-five feet of type IIb noncommunity or type III public drinking water wells, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 399 of the Public Acts of 1976.

            (iii) Two hundred feet of type I community or type IIa noncommunity drinking water wells, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No 399 of the Public Acts of 1976, and from a public surface water intake.

(3)   Deleted. A person shall not install a UST system, excluding the replacement of a UST system, without secondary containment, as defined in section 280.12, unless the UST system is more than the following distances from the following items:

            (i) Three hundred feet from a single-family drinking water well, as defined in part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §333.12701 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 368 of the Public Acts of 1978.

 

 

            (ii) Eight hundred feet from type IIb and III noncommunity drinking water wells, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated under Act No. 399 of the Public Acts of 1976.

            (iii) Two thousand feet from a type I community and type IIa noncommunity drinking water wells, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated Act No. 399 of the Public Acts of 1976, and from a public surface water intake.

(4)   Deleted. The requirements of subdivisions (1), (2), and (3) of this subsection may be modified if a person can demonstrate, using hydrogeological study information satisfactory to the department, that the UST installation is, or is not, within the wellhead zone of influence.

(5)   If the proposed location of a UST system presents an unacceptable risk of contamination to surface water, wetlands, or an aquifer, then the department may require that the UST system be located or use secondary containment, or both, so as to eliminate or minimize the danger of potential contamination or may disapprove a proposed UST installation.

(6)   Holiday testing of composite tanks shall be performed on-site before installation, and holidays shall be repaired according to the manufacturer's recommendations.

(7)   A double-wall UST system or a single-wall UST system that has integral secondary containment shall be designed to provide liquid communication through the interstitial space so that any release from the primary wall or any ingress (inflow) of groundwater through the outer wall can be detected in the interstitial space.  These UST systems shall be tested as follows:

(i)   The tank manufacturer must be able to demonstrate to the department that the requirements of this subdivision and subdivisions (1) to (6) of this subsection are met.

(ii)   At the installation site for verifying the integrity of both the inner and the outer walls of the tank, the interstitial space shall be tested by a positive pressure of not less than 3 pounds per square inch gauge (psig) for a minimum of 1 hour.  The entire exterior shall be checked for leaks with a suitable bubbling leak detection solution or by negative pressure (vacuum) of not less than 13 inches of mercury for a minimum of 12 hours, or 24 hours for tanks larger than 10,000 gallons, with a vacuum decrease of not more than 5 inches of mercury.  If a hydrostatic test is chosen, then the interstitial space shall be dried after the testing, unless the liquid is part of a leak detection method for the tank that is acceptable to the department.  All testing shall be conducted according to the manufacturer's recommendations.

(iii)   At the installation site for verifying the integrity of both the inner and the outer walls of the underground piping, the primary piping shall be tested by a positive pressure of not less than 50 psig for a minimum of 1 hour and the secondary piping shall be tested by a positive pressure of not less than 5 psig for a minimum of 1 hour.  The entire exterior shall be checked for leaks with a suitable bubbling leak detection solution.

(8)   Deleted. After December 22, 1998, a person shall not install a UST system, including the replacement of a UST system, without secondary containment, as defined in section 280.12, if the UST or proposed UST is located within an approved delineated wellhead protection area.

(9)   Deleted. The requirements of subdivision (8) of this subsection may be modified if a person can demonstrate, using hydrogeological information satisfactory to the department, that the UST installation would not present a hazard to a public water supply.

(10)   In addition to all of the provisions in this section, new hazardous substance UST systems shall comply with the requirements of section 280.42(b).

(11)   A person shall not install or replace a UST system without secondary containment, as defined in section 280.12.

(12)   A person shall not install or replace a motor fuel dispenser system without UDC, as defined in section 280.12.  A UDC shall only be required to be installed when piping (up to, and

 

 

including, the shear and check valve) below the dispenser is repaired or replaced or the concrete island supporting the dispenser is repaired or replaced.

(e)   Certification of installation.  All owners and operators shall ensure that 1 or more of the following methods of certification, testing, or inspection are used to demonstrate compliance with subsection(d) of this section by providing a certification of compliance on the UST registration form in accordance with section 280.22:

(1)   The installer has been certified by the tank and piping manufacturer or the tank liner has been certified by the tank lining manufacturer.

(2)   The installer has been certified or licensed by the department.

(3)   The installation has been inspected and certified by a registered professional engineer who has education and experience in UST system installation.

(4)   The installation has been inspected and approved by the implementing agency.

(5)   Deleted.

(6)   The owner and operator have complied with another method for ensuring compliance with the provisions of subsection (d) of this section that is determined by the department to be at least as protective of human health and the environment as the protections specified in subsection (d) of this section.

 

R 29.2111 Upgrading existing UST systems.

Rule 11. Section 280.21 is amended to read as follows:

Section 280.21. (a) Alternatives allowed.  Except as specified in subsection (d) of this section, not later than December 22, 1998, all existing UST systems shall comply with 1 of the following requirements:

(1)   New UST system performance standards under section 280.20.

(2)   The upgrading requirements of subsections (b) to (e) of this section. Hazardous substance UST systems shall be upgraded to the new hazardous substance UST system requirements of section 280.20.

(3)   Closure requirements under subpart G of these rules, including applicable requirements for corrective action under subpart F of these rules.

(b)   Tank upgrading requirements.  Steel tanks shall be upgraded to meet the provisions of section 280.20(d) and 1 of the following requirements:

(1)   Interior lining.  A tank may be upgraded once by internal lining if all of the following provisions are complied with:

(i)   The lining is installed in accordance with the requirements of section 280.33 and within 10 years after lining and, every 5 years thereafter, the lined tank is internally inspected in accordance with paragraph (ii)(A) to (I) of this subdivision and found to be structurally sound with the lining still performing in accordance with the original design specifications.

(ii)   After the tank is internally inspected and determined to be eligible for upgrading, the interior lining shall be applied in compliance with the american petroleum institute (API) recommended practice 1631 or the national leak prevention association (NLPA) standard 631 and shall be certified by the same methods specified in section 280.20(e). In addition, all of the following requirements shall be met:

(A)  Personnel shall be certified by a national organization acceptable to the department or certified in nondestructive testing, level I competence, in accordance with the guidelines specified by the American society for nondestructive testing entitled "Recommended Practice No. SNT-TC-1A, Personnel Qualification and Certification in Nondestructive Testing," including being certified in administering training to, and examining and retesting, personnel for certification of tank entry, surface preparation, inspection, ultrasonic thickness gauging, manway closure, and testing.

 

 

(B)  Equipment used for ultrasonic thickness gauging shall have a minimum measurement range of 0.050 inches to 2 inches and a minimum resolution of 0.002 inches.

(C)  After the tank has been emptied, the internal tank surfaces shall be cleaned as required for the use of ultrasonic thickness gauging.

(D)  For gauging measurement control, tank walls and heads shall be divided into sections. Measurements for tank walls shall be divided into 3-foot by 3-foot sections beginning at the fill end of the bottom of the tank and extending outward around the tank circumference and along the tank length. Any additional area of the tank wall that is less than 3 feet by 3 feet shall be measured and treated as an additional section.  Measurement for tank heads shall divide the tank head into 4 equal divisions by establishing horizontal and vertical diameter lines as axes.  Each division shall be divided into 3-foot by 3-foot sections beginning at the center point and extending outward on each axis line. Any additional area of the tank head that is less than 3 feet by 3 feet shall be measured and treated as an additional section.

(E)  Section gauging.  Thickness gauging measurements shall be taken in the center of each section of the tank wall and heads.  Thickness readings of 75% or less of the original wall thickness as specified in underwriters laboratories standard 58 (UL 58) shall require further gauging as prescribed for readings or more than 75% of the original wall thickness as specified in UL 58 shall be reported as the average wall thickness for the section.

(F)  Gauging section subdivisions.  Sections that have a center gauge measurement of 75% or less than the original wall thickness as specified in UL 58 shall be subdivided into 9 equal subdivisions. Thickness gauging for each of the subdivisions shall be taken at the center of each subdivision.  The subdivision thickness readings shall then be averaged to get the average wall thickness for the section.

(G)  Thin wall target area gauging.  Areas that have a thickness gauging measurements that are less than 50% of the original wall thickness as specified in UL 58 shall each receive 8 additional readings.  Four of the 8 readings shall be equally spaced readings and each of the 4 readings shall be at a 1 1/2 inch radius from the initial reading.  The 4 other readings shall be equally spaced readings each at a 3-inch radius from the initial reading.  The average of the 8 readings shall be reported as the average reading of the thin wall target area.

(H)  Perforations. Perforations shall be identified and reamed to establish a minimum of 1/8 of an inch edge wall thickness before any repairs.  Eight thickness measurements shall be taken around the perforation in the same pattern as described in subparagraph (G) of this paragraph.  The 8 thickness measurements shall be averaged and the average shall be reported for the subdivision closest to the perforation.

(I)  Average tank wall thickness.  The average tank wall thickness shall be established by averaging all of the section thicknesses reported.  Thickness gauge readings shall be reported on an ultrasonic thickness gauging report form that conforms to the requirements of subparagraphs (D) to (H) of this paragraph.

(J)   Thin wall.  The presence of any region that has less than 1/8 of an inch of metal due to internal or external corrosion or both internal and external corrosion requires that the tank be provided with an additional layer of lining material or have a 1/8 of an inch thick steel plate which has minimum dimensions of 8 inches by 8 inches and which is rolled to the contour of the tank and welded on all seams in a continuous manner covering the thin wall area of the tank.

(K)  A tank is eligible for upgrade by lining only if the average wall thickness as described in subparagraph (I) of this paragraph was found to be more than 75% of the original wall thickness required under the UL 58 standard and if all of the following requirements are met:

(a)  None of the perforations shall be larger than 1 inch in diameter, except under the gauging opening, where the perforation shall be not more than 2 1/2 inches in diameter.

 

 

(b)   A tank shall not have more than 4 perforations that are 1/2 inch in diameter in any 1 square foot area of the tank internal surface.

(c)   A tank shall not have more than 20 perforations that are 1/2 inch in diameter in any 500 square foot area. The total number of perforations shall not be more than 2 for every year of the age of the tank.

(L)  A tank is not eligible for upgrade if it does not meet the requirements of subparagraph (K) of this paragraph before any repairs.  A tank that fails to meet the eligibility requirements for upgrade is required to be replaced or permanently closed in compliance with subsection (a)(3) of this section.

(M)   All internally inspected tanks that meet the upgrading requirements by internal lining shall be provided with a 1/4 inch thick steel striker plate which has minimum dimensions of 8 inches by 8 inches and which is rolled to the contour of the tank and welded on all seams in a continuous manner under the fill tube.

(N)  Interior tank walls shall be abrasive blasted in accordance with the steel structures painting council (SSPC) standard SP 5 entitled "White Metal Blast Cleaning" and shall not have any perforations.

(O)  A suspected release meeting the requirements of section 280.50 shall be reported if there are indications of a release or if perforations are found in the tank before the addition of tank lining.

(iii)   All lining materials and procedures shall be approved by the department.  Each lining manufacturer shall maintain and submit a current list of qualified applicators to the department.  Lining thickness shall be 100-mil dry film thickness or greater.

(iv)   The owner/operator shall notify the department of all tank linings not less than 15 days before any work is performed, unless the department is notified of and approves an emergency repair. Notification of the lining shall be on a form provided by the department.  Lining shall be performed by a qualified applicator.

(v)   The lining company shall provide the owner with a complete report of the tank evaluation, as well as the design, installation, and operational requirements of the lining system.  The report shall be signed by the lining company responsible for the lining upgrade.

(2)   Cathodic protection.  A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of section 280.20(a)(2)(ii), (iii), and (iv) and all of the following provisions are complied with:

(i)   The integrity of the tank is ensured using 1 of the following methods:

(A)  The tank has been installed for less than 10 years and has been monitored for the past 12 months for releases using 1 of the release detection methods specified in section 280.43(d) to (h).

(B)  The tank has been installed for less than 10 years and is assessed for corrosion holes by conducting 2 tightness tests that meet the requirements of section 280.43(c).  The first tightness test shall be conducted before installing the cathodic protection system.  The second tightness test shall be conducted between 3 and 6 months after the first operation of the cathodic protection system.

(C)  The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of internal corrosion and corrosion holes before installing the cathodic protection system.  All personnel involved in the internal inspection related activities shall be qualified in accordance with subdivision (1)(ii)(A) of this subsection and shall conduct the ultrasonic thickness gauging in accordance with subdivision (1)(ii)(B) to (G) of this subsection, with the average wall thickness established by averaging all the section thicknesses reported.  A tank is eligible for upgrade by cathodic protection alone if the average wall thickness is not less than 75% of the original wall thickness specified in the UL 58 standard.

(D)  The tank is assessed to determine its eligibility for upgrade by cathodic protection by other means determined by the department to prevent releases in a manner that is at least as protective to

 

 

human health and the environment as the protections specified in paragraph (i)(A) to (C) of this subdivision.

(ii)   The corrosion expert responsible for the design and the installation of the cathodic protection system shall provide the owner with a complete report of all of the results of any corrosion protection investigations, as well as the design, installation, and operational requirements of the cathodic protection system.  The report shall be signed by the corrosion expert.

(iii)   All internally inspected tanks that meet the upgrading requirements by cathodic protection shall be provided with a 1/4 inch thick steel striker plate which is not less than 8 inches by 8 inches and which is rolled to the contour of the tank and welded on all seams in a continuous manner under the fill tube.

(iv)   The owner/operator shall notify the department of all cathodic protection upgrades not less than 15 days before any work is performed, unless the department is notified of and approves an emergency repair.  Notification of cathodic protection upgrade shall be on a form provided by the department. Cathodic protection upgrade shall be performed under the direct supervision and instruction of a corrosion expert.

(v)   A suspected release meeting the requirements of section 280.50 shall be reported when there are indications of a release, such as visual or olfactory presence of product in the soil, before the addition of cathodic protection.

(3)   Internal lining simultaneously combined with cathodic protection.  A tank may be upgraded by both internal lining and cathodic protection if all of the following provisions are complied with:

(i)   Not more than 1 month is allowed between the lining and the installation of cathodic protection.

(ii)   The lining is installed in accordance with the requirements of section 280.33 and subdivision (1)(ii) to (v) of this subsection.

(iii)   Internal inspection requirements will be waived if the lining and the cathodic protection upgrade are done within 1 month of each other.

(iv)   The cathodic protection system meets the requirements of subdivision (2) of this subsection.

(4)   Other methods approved by the department.

(c)   Piping upgrading requirements.  Metal piping which routinely contains regulated substances and which is in contact with the ground shall be cathodically protected in accordance with the provisions of section 280.20(d) and shall meet the requirements of section 280.20(b)(2)(ii) to (v).

(1)   Replacement of pressurized underground piping systems in contact with the ground shall include the installation of secondary containment as defined in section 280.12.

(2)   The owner/operator shall notify the department, in writing, not less than 15 days before any underground piping upgrade or total replacement of an underground piping system, unless the department is notified of, and approves, an emergency replacement.

(d)  Spill protection and overfill prevention equipment.  Existing UST systems shall comply with spill protection equipment requirements not later than January 3, 1992.  All existing UST systems shall comply with the new UST system overfill prevention equipment requirements specified in section 280.20(c).

 

R 29.2113 Registration submittal requirements.

Rule 13. Section 280.22 is amended to read as follows:

Section 280.22. (a) Owners shall register the UST system under part 211 of Act No. 451 of the Public Acts of 1994, as amended, being §324.21101 et seq. of the Michigan Compiled Laws, on forms provided by the department.  All UST systems shall be registered and all fees paid before any UST is removed from the ground or closed in place under subpart G of these rules, unless written approval is obtained from the department.  To be considered properly registered, new owners of existing UST

 

 

systems shall register the UST system with the department within 30 days of ownership on a registration for underground storage tank form. New owners of a UST system who do not intend to use the UST to contain a regulated substance and who have not placed the UST temporarily out-of-service under subpart G of these rules shall empty the UST system within 45 days from acquiring ownership of the UST system.  If, however, the property has been condemned by the state or a local unit of government, then the state or local unit of government shall empty any underground storage tanks that are located on the property, within 45 days of taking possession.  All tanks shall be emptied under section 280.71(b).

Also, any change in tank status or any change in the information required on the form shall be reported to the department on the registration for underground storage tank form within 30 days of the change.

(b)   A notice of proposed installation of underground storage tank registration form provided by the department shall be submitted by the owner to the department 45 days before installation of the UST system.  The notice of UST installation form shall include all of the following information:

(1)   A plot map showing the distances of all of the following within 25 feet of the UST system:

(i)   The location of buildings, public roadways, and railroad main lines.

(ii)   The location of property lines and easements.

(iii)   The location of existing aboveground storage tanks and the location of existing and proposed underground storage tanks, piping, and dispensers.

(iv)   The location of surface water and wetlands.

(2)   The location of all drinking water wells within 300 200 feet of the UST system.

(3)   Deleted. The location of type IIb and III wells, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, within 800 feet of the UST system.

(4)   Deleted. The location of type I and IIa wells, as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and surface water intakes within 2,000 feet of the UST system.

(5)   Deleted. The location of any delineated wellhead protection area that is approved in compliance with the state of Michigan wellhead protection program.

(6)   The construction materials of the tank and piping.

(7)   The dimensions and capacity of each tank.

(8)   The name of the regulated substance to be stored.

(9)   A diagram of the UST system.

(10)   The manufacturer and part number of all components of the UST system.

(c)   Upon receipt of the proposed installation registration form, the department may issue a review report within 30 days. If the review report is not issued within 30 days, then the UST system may be brought into use according to the submitted registration form and shall be in accordance with these rules. The implementing agency shall be notified not less than 7 calendar days before installation of the UST system.  The implementing agency shall inspect the installation within 2 working days of the scheduled installation date, excluding Saturdays, Sundays, and holidays, and shall certify the installation if the requirements of these rules have been met.  If the inspection is not made within 2 working days of the installation date, excluding Saturdays, Sundays, and holidays, then the UST system shall be covered from sight and a notarized affidavit shall be submitted by the owner to the implementing agency attesting to the fact that the installation complied with the applicable rules under section 280.20(e).  The UST system shall not be brought into use until it has been registered with the department on the registration for underground storage tank form under part 211 of Act No. 451 of the Public Acts of 1994, as amended, being §324.21101 et seq. of the Michigan Compiled Laws.  Upon request, all UST information submitted to the department for review shall be returned within 30 working days after the

 

 

UST system has been brought into use.  The information may be marked "CONFIDENTIAL - DO NOT COPY" at the time it is submitted.

(d)  Any owner or operator who meets the requirements of a designated clean corporate citizen in R 336.2401 to R 336.2420 shall be entitled to an expedited review report by the department to complete the review process.

(e)  An owner who is required to register a UST system under subsection (a) of this section may register several tanks using 1 registration for underground storage tank form, but an owner who owns tanks located at more than 1 place of operation shall file a separate form for each separate place of operation.

(f)  For underground storage tank forms required to be submitted under subsection (a) of this section, an owner shall provide all of the applicable information for each tank registered.  For each tank installed or upgraded after December 22, 1988, an owner shall also provide all of the information required in the certification of compliance section of the form.

(g)  All owners and operators of new UST systems shall certify, in the registration for underground storage tank form, compliance with all of the following requirements:

(1)   The installation of tanks and piping under section 280.20(e).

(2)   Cathodic protection of steel tanks and piping under section 280.20(a) and (b).

(3)   The financial responsibility rules under subpart H of these rules.

(4)   Release detection under sections 280.41 and 280.42.

(h)  An owner of a new UST system shall ensure that the installer certifies, in the registration form, that the methods used to install the tanks and piping comply with the requirements in section 280.20(d).

(i)   Any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of the tank of the owner's registration obligations under subsection (a) of this section.

(j)   An owner of a UST system shall display proof of valid registration on the UST system or in the owner's place of business, or both, as required by the department. The proof of registration shall be provided by the department upon receipt of proper registration and the payment of fees.