Section 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.

(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 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 to R 29.2169 then in effect shall be deemed to be in compliance    with   these amendatory rules.

History: 1998-2000 AACS; 2008 AACS.