7 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2004-038 DEPARTMENT OF AGRICULTURE

PESTICIDE AND PLANT PEST MANAGEMENT DIVISION REGULATION NO. 641. COMMERCIAL FERTILIZER BULK STORAGE

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the department of agriculture by 1994 PA 451, MCL 324.8513 section 8513 of Act No. 451 of the Public Acts of 1994, as amended, being §324.8513 of the Michigan Compiled  Laws)

 

Draft March 14, 2006 R 285.641.1 of the Michigan Administrative Code is amended, and R 285.641.9a is added to the Code.

R 285.641.1 Definitions.

Rule 1. (1) As used in these rules:

(a)     "API 650 standard" means the American Petroleum Institute standard number 650, tenth edition, November 1998, containing standards for the design and construction of welded steel tanks for oil storage, published by the American Petroleum Institute, 1220 L. Street, Northwest, Washington D.C., 20005-4070, http://www.api.org or surviving organization. This document is available at a cost of $289.00, which is the cost at the time of publication of this rule. This document is available for inspection from the Michigan Department of Agriculture, Pesticide and Plant Pest Management Division, 525 W. Allegan, Lansing, MI 48933.

(b)     "API 653 standard" means the American Petroleum Institute standard number 653, third edition, September 2003, containing standards for the inspection, repair, alteration and reconstruction of welded steel tanks for oil storage, published by the American Petroleum Institute, 1220 L. Street, Northwest, Washington D.C., 20005-4070, http://www.api.org or surviving organization. This document is available at a cost of $176.00, which is the cost at the time of publication of this rule. This document is available for inspection from the Michigan Department of Agriculture, Pesticide and Plant Pest Management Division, 525 W. Allegan, Lansing, MI 48933.

(a) (c) "Approved" means approval by the director of the department or his or her representative.  (b)(d) "Appurtenances" mean any of the following which are connected to a bulk fertilizer container

or which are used for transferring bulk fertilizer between containers:

(i)      Valves.

(ii)      Gauges.

(iii)      Portable manufacturing units.

 

 

(iv)      Pumps.

(v)      Fittings.

(vi)      Hoses.

(vii)       Mixing containers.

(viii)       Plumbing.

(ix)      Metering devices.

(c)(e) "Aqua ammonia" means an aqueous solution of anhydrous ammonia which generally contains 18% to 30% of ammonia (NH3) by weight and which has a vapor pressure that usually varies from 0 to 10 pounds per square inch gauge (psig) at 104 degrees Fahrenheit.

(f) "Authorized inspector" means a person who is certified by the American Petroleum Institute under appendix D-authorized inspector certification, of the API 653 standard.

(g) "Bladder system" means a non-adhering liner physically attached to the inside of the large storage tank. The liner, constructed of a compatible synthetic material, provides physical separation of the liquid product from the sidewalls and storage container floor.

(d)(h) "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of more than 2,500 United States gallons, fluid fertilizer in containers that have a combined total capacity for all storage containers or tanks located at a single site or location of more than 7,500 United States gallons, or dry fertilizer in an individual quantity of more than 2,000 pounds. For purposes of these rules, use solutions and rinsates are bulk fertilizers if they are in containers that meet the capacities specified in this subdivision.

(e)(i) "Department" means the Michigan department of agriculture.

(f)(j) "Discharge" means an uncontained release to the environment in a quantity that is more than 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer. "Discharge" does not include a fully contained transfer of bulk fertilizer that is made pursuant to sale, storage, distribution, or intended use.

(g)(k) "Distribute" has the meaning as defined in section 8501 of 1994 PA 451, MCL 324.8501. (h)(l) "Elephant ring" means a storage container which has an open top and which serves as a

secondary containment vessel into which a primary storage container with a smaller volume is placed. (i)(m) "Existing bulk storage facility" means a facility that, on the effective date of this rule, is being

used to store or hold bulk fertilizers where the location of bulk containers remains the same whether bulk containers are replaced, added to, or reorganized.

(j)(n) "Fertilizer" has the meaning as defined in section 8501 of 1994 PA 451, MCL 324.8501.

(k) (o) "Field operations" means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice.

(l)(p) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding. This is equivalent to a 100-year flood.

(m)(q) "Fluid fertilizer" means fertilizer in fluid form and includes solutions, emulsions, suspensions, and slurries. "Fluid fertilizer" does not

include anhydrous ammonia.

(r) "Large storage tank" means a closed container used to store liquid fertilizer that has a capacity of 100,000 gallons or more and which has been constructed on-site.

(n)(s) "Mobile container" means a container designed or used for transporting fertilizer.

(o)(t) "Modification" means changes in structures, processes, or activities at a bulk fertilizer storage facility that alter the efficiency or capacity of containment structures or systems.

(p)(u) "New bulk storage facility" means a storage facility designated by the director or a storage facility that locates new, used, or refurbished bulk containers where, before the effective date of this rule, bulk storage was not conducted.

 

 

(q)(v) "Operational area containment" means a structure or system that is designed and constructed to effectively intercept and contain spills, container or equipment washwater, and precipitation to prevent the runoff or leaching of fertilizer from an area or areas at a storage facility where bulk fertilizers are transferred, loaded, unloaded, mixed, impregnated, repackaged, or refilled.

(r)(w) "Primary containment" means the storage of bulk fertilizer in storage containers at a storage facility.

(s)(x) "Primary containment piping" consists of any conveyance utilized to transport liquid fertilizer into or out of the storage area.

(t)(y) "Rinsate" means the liquid that is generated from the rinsing of the interior surface of fertilizer application equipment or a fertilizer container that has come in direct contact with fertilizer. The liquid is a mixture of water and a relatively low concentration of fertilizer. "Rinsate" includes the liquid that is generated by cleaning a containment area under R 285.641.10(3).

(u)(z) "Secondary containment" means a structure, including dikes, that is effectively designed and constructed to contain spills or leaks and to prevent escapes, runoff, and leaching of fertilizer from bulk storage containers and appurtenances.

(v)(aa) "Spill" means a contained release, within a containment area or operational pad, in a quantity that is more than 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer. "Spill" does not include a fully contained transfer of bulk fertilizer that is made pursuant to sale, storage, distribution, or intended use.

(w)(bb) "Storage" means the storage of bulk fertilizer by a person who manufactures or distributes bulk fertilizer.

(x)(cc) "Storage container" means a container, rail car, nurse tank, or mobile container that is used for the storage of bulk fertilizer. "Storage container" does not include any of the following:

(i)      A mobile container that stores bulk fertilizer at a storage facility for less than 30 consecutive days if the storage is incidental to the loading or unloading of a storage container at the storage facility.

(ii)      A mobile container that is located on property other than property which is owned, operated, or controlled by an owner or operator of a storage facility for less than 30 consecutive days.

(iii)      A rail car that stores bulk fertilizer at a storage facility for less than 30 consecutive days without reloading or unloading.

(iv)      A container which is 2,500 gallons or less and which is used solely as emergency storage for leaking fertilizer containers.

(y)(dd) "Storage facility" means a facility which is used to store or hold bulk fertilizer and which is owned, operated, controlled, or leased by a person who manufactures or distributes bulk fertilizer.

(z)(ee) "Surface water" means a body of water that has its top surface exposed to the atmosphere and includes lakes, ponds, or water holes that cover an area of more than 0.25 acres and streams, rivers, or waterways that maintain a flow year-round. "Surface water" does not include waterways that have an intermittent flow.

(aa)(ff) "Washwater" means the liquid that is generated from rinsing the exterior surfaces of application, handling, storage, transportation, or nurse equipment. "Washwater" does not include the liquid that is generated by cleaning a containment area under R 285.641.10(3).

 

R 285.6419a Alternative to diking for large storage tanks.

Rule 9a. (1) A storage facility may install a bladder system in an individual large storage tank instead of a diked containment area, provided all of the provisions in this rule are met.

(2)     Before construction and installation, the storage facility shall have written department approval for the proposed large storage tank and bladder system.

 

 

(3)     A storage facility shall ensure that the bladder system plans are sealed by a professional engineer licensed in the state of Michigan.

(4)     A storage facility seeking to install a bladder system into a new large storage tank shall ensure the tank is constructed according to API 650 standards by an authorized inspector.

(5)     A storage facility seeking to install a bladder system in an existing large storage tank shall ensure the tank is inspected according to API 653 standards by an authorized inspector with a complete, out-of-service internal and external inspection. The tank shall be modified to meet API 653 standards before installing the bladder system.

(6)     Large storage tanks equipped with a bladder system shall be inspected according to API 653 standards by an authorized inspector every 5 years after bladder system installation.

(7)     The synthetic liner material used in the bladder system shall comply with the following provisions:

(a)     The synthetic liner shall have a minimum thickness of 30-mils (0.8 millimeter).

(b)     The synthetic liner shall be chemically compatible with all materials stored within it.

(c)     The manufacturer of the liner shall provide written confirmation of liner compatibility and an estimate of the liner life expectancy.

(d)     The synthetic liner shall be installed under the supervision of a qualified representative of the manufacturer.

(e)     The synthetic liner shall be capable of meeting the stresses of normal operations without disintegrating, delaminating, or otherwise failing.

(8)     A storage facility shall comply with the following bladder system installation requirements:

(a)     The bladder system shall be installed to allow access to the space between the bladder and storage tank wall.

(b)     The bladder system shall include a permeable protective geotextile barrier between the bladder and storage tank wall.

(c)     The bladder system shall be installed under the supervision of a qualified representative of the manufacturer. All field seams shall be tested and repaired, if necessary, in accordance with the manufacturer’s recommendations.

(d)     The tank shall be prepared in accordance with the bladder manufacturer’s specifications.

(e)     Following installation, and before filling, the bladder system shall be thoroughly tested to ensure the system is free of leaks.

(9)     A storage facility equipped with a bladder system shall have the bladder inspected within 2 years after the initial installation and, if no failure indications are found, at 5-year intervals thereafter.

(10)     The large storage tank and bladder system shall be constructed and equipped with the following devices:

(a)     A functioning automatic active liquid level-monitoring device. This overfill protection device shall notify the operator before the bladder is filled beyond its capacity by 1 or both of the following mechanisms:

(i)      Automatic pump shut-off.

(ii)      Audible alarm.

(b)     A continuously working automatic liquid level monitoring and alarm system that will detect leaks from the storage tank.

(c)     A leak detection system constructed under the synthetic liner that will detect leaks from the bladder system and allow full recovery of any liquid extracted from the effluent ports.

(11)   Appurtenances connected to the large storage tank shall be maintained as follows:

 

 

(a)    All external appurtenances, including pumps and leak detection ports, shall be encased or enclosed to contain any leaks and secured when not in use.

(b)    All appurtenances that extend through both the storage tank and bladder system, not including manways, shall be equipped with a valve that meets both of the following requirements:

(i)      The valve shall be enclosed within a structural steel containment box capable of withstanding the maximum head pressure of the bladder system and be equipped with a leak detection device or system.

(ii)      The valve shall be secured against wildlife, vandalism, and unauthorized access at all times.

(c)    The facility shall ensure that the storage tank, bladder system, and appurtenances, including pipes, are protected against reasonably foreseeable risks of damage by trucks and other moving vehicles.

(12)     Inspection and maintenance records shall be maintained as follows:

(a)    The storage tank, bladder system, and appurtenances shall be visually inspected daily during use, and at least monthly when not in use. The results of the inspection shall be recorded and shall be made available to the department during normal business hours.

(b)    Inspection and maintenance records for the large storage tank, bladder system, and leak detection systems shall be maintained at the facility.

(c)    The facility shall sample any effluent collected at the monitoring ports and analyze samples for fertilizer content on a quarterly basis. Results of any analysis with fertilizer content shall be reported to the department immediately.

(13)     If a spill, discharge, overfill, or tank failure occurs, then the following applies:

(a)    The operator shall report all discharges, overfills, and internal spills to the department immediately upon discovery.

(b)    If a leak or other failure of the bladder system occurs, then the storage tank shall be emptied within 30 days.

(c)    The affected areas of the bladder, bladder protection layer, and interior of the storage tank shall be thoroughly cleaned, repaired, and inspected before the storage tank and bladder system are again placed into service.