Mich. Admin. Code R. 29.2116 - Compatibility

Rule 16, Section 280.32 is added as adopted from the July 15, 2015, EPA-UST rules as follows:

Section 280.32. Compatibility.

(a) Owners and operators shall use an UST system made of or lined with materials that are compatible with the substance stored in the UST system.

(b) Owners and operators shall notify the implementing agency at least 30 days prior to switching to a regulated substance containing greater than 10% ethanol, greater than 20% biodiesel, or any other regulated substance identified by the implementing agency. In addition, owners and operators with UST systems storing these regulated substances shall meet 1 of the following:

(1) Demonstrate compatibility of the UST system, including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment. Owners and operators may demonstrate compatibility of the UST system by using either of the following options:

(i) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored.

(ii) Equipment or component manufacturer approval. The manufacturers approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer.

(2) Use another option determined by the implementing agency to be no less protective of human health and the environment than the options listed in paragraph (b)(1) of the section.

(c) Owners and operators shall maintain records in accordance with subsection 280.34(b) documenting compliance with subsection (b) of this section for as long as the UST system is used to store the regulated substance.

Notes

Mich. Admin. Code R. 29.2116

2018 MR 21, Eff. 11/14/2018