Section 29.2107. Definitions.

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.

"Class B operator" means an individual or individuals who implements day-to-day aspects of operating, maintaining, 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. 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 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 (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 (see appendix A), 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 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 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 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 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 of environmental quality, 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 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 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 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 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 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 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 and/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.

"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.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.

"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 subsection 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. section 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-walled tank or a 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 subdivision 280.42(b)(5). Secondary containment systems shall meet the requirements of subdivisions 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 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 which has a capacity of 1,100 gallons or less and which 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 1342.

(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.

History: 1998-2000 AACS; 2008 AACS; 2012 AACS.