Section 325.77102. Definitions.

(1) "Act" means Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.2094.

(2)    "Action level" means an airborne concentration of benzene of 0.5 parts per million (ppm) calculated as an 8-hour, time-weighted average (TWA).

(3)   "Authorized person" means any of the following:

(a)   A person who is specifically authorized by the employer to enter a regulated area and whose duties require the person to enter a regulated area.

(b)      A person who enters a regulated area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under R 325.77112.

(c)   Any other person authorized by the act or rules issued under the act.

(4)     "Benzene" (C6H6) (CAS registry no. 71-43-2) means liquefied or gaseous benzene. It includes benzene contained in liquid mixtures and the benzene vapors released by the liquids. It does not include trace amounts of unreacted benzene contained in solid materials.

(5)   "Bulk wholesale storage facility" means a bulk terminal or bulk plant where fuel is stored before delivery to wholesale customers.

(6)     "Container" means any barrel, bottle, can, cylinder, drum, reaction vessel, storage tank, or other receptacle, but does not include piping systems.

(7)   "Day" means any part of a calendar day.

(8)     "Department" means the Michigan department of licensing and regulatory affairs.

(9)   "Director" means the director of the department or his or her designee.

(10)    "Emergency" means any occurrence, such as, equipment failure, rupture of containers, or failure of control equipment, which may or does result in an unexpected significant release of benzene.

(11)   "Employee exposure" means exposure to airborne benzene that would occur if an employee did not use respiratory protective equipment.

(12)   "Regulated area" means any area where airborne concentrations of benzene are more than or can reasonably be expected to be more than the permissible exposure limits of either the 8-hour time-weighted average exposure of 1 ppm or the short-term exposure limit of 5 ppm for 15 minutes.

(13)    "Vapor control system" means any equipment that is used for containing the total vapors displaced during the loading of gasoline motor fuel or other fuel tank trucks and the displacing of these vapors through a vapor processing system or balancing the vapor with the storage tank. This equipment also includes systems containing the vapors displaced from the storage tank during the unloading of the tank truck which balance the vapors back to the tank truck.

History: 1989 AACS; 2001 AACS; 2014 AACS.