Section 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 section280.31 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 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 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  II, a 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

(3)   Deleted

(4)   Deleted.

(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.

(9)   Deleted.

(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.

History: 1998-2000 AACS; 2008 AACS.