Rule 25. Section 280.43 is amended to read as
follows:
Section 280.43. Each method of release detection for
tanks used to meet the requirements of section 280.41 must be conducted in
accordance with the following:
(a)
Inventory control. Product inventory control, or another test of equivalent
performance, must be conducted monthly to detect a release of not less than
1.0% of flow-through plus 130 gallons on a monthly basis in the following
manner:
(1) Inventory volume measurements for
regulated substance inputs, withdrawals, and the amount still remaining in the
tank are recorded and computed each operating day.
(2) The equipment and tank charts used are
capable of measuring the level of product over the full range of the tank's
height to the nearest 1/8 of an inch.
(3) The regulated substance inputs are
reconciled with delivery receipts by measurement of the tank inventory volume
before and after delivery.
(4)
Deliveries are made through a drop tube that extends to within 1 foot of the
tank bottom.
(5) Product dispensing
is metered and recorded within the local standards for meter calibration or an
accuracy of 6 cubic inches for every 5 gallons of product withdrawn.
(6) The measurement of any water level in the
tank is made to the nearest 1/8 of an inch not less than once a
month.
(b) Manual tank
gauging. Manual tank gauging must meet all of the following requirements:
(1) Tank liquid level measurements are taken
at the beginning and ending of a period using the appropriate minimum duration
of test value in the following table during which liquid is not added to or
removed from the tank.
(2) Level
measurements are based on an average of 2 consecutive stick readings at both
the beginning and ending of the period.
(3) The equipment used is capable of
measuring the level of product over the full range of the tank's height to the
nearest 1/8 of an inch.
(4) A leak
is suspected and subject to the requirements of subpart E of these rules if the
variation between the beginning and ending measurements exceeds the weekly or
monthly standards in the following table:
|
Nominal Tank Capacity
|
Minimum Duration of Test
|
Weekly Standard (1 test)
|
Monthly Standard (average of 4 tests)
|
|
550 gallons or less
|
36 hours
|
10 gallons
|
5 gallons
|
|
551 to 1,000 gallons (when tank diameter is 64
inches)
|
44 hours
|
9 gallons
|
4 gallons
|
|
551 to 1,000 gallons (when tank diameter is 48
inches)
|
58 hours
|
12 gallons
|
6 gallons
|
|
551 to 1,000 gallons (also requires periodic
tank tightness testing)
|
36 hours
|
13 gallons
|
7 gallons
|
|
1,001 to 2,000 gallons (also requires periodic
tank tightness testing)
|
36 hours
|
26 gallons
|
13 gallons
|
(5) Only a tank that has a nominal capacity
of 550 gallons or less and tanks with a nominal capacity of 551 to 1,000
gallons that meet the tank diameter criteria in the table in subdivision (b)(4)
of this section may use manual tank gauging as the sole method of release
detection. A tank that has a nominal capacity of 551 to 2,000 gallons may use
manual tank gauging in place of inventory control under subsection (a) of this
section. A tank that has a nominal capacity of more than 2,000 gallons nominal
capacity shall not use manual tank gauging to meet the requirements of this
subpart.
(6) A tank of any capacity
that is used for motor vehicle fueling shall not use the manual tank gauging
method to meet the requirements of this subpart.
(c) Tank tightness testing. Tank tightness
testing, or another test of equivalent performance, shall be capable of
detecting a 0.1 gallon-per-hour leak rate from any portion of the tank that
routinely contains product while accounting for the effects of thermal
expansion or the contraction of the product, vapor pockets, tank deformation,
evaporation or condensation, and the location of the water table. Unless a
method is evaluated by a third party and certified as capable of testing
manifolded tank systems, each tank in a manifolded tank system can be tested
only if it can be isolated from all other tanks in the manifolded tank system
and the siphons or other liquid transfer devices to the tank being tested are
shut off. Testers shall be trained and certified by the manufacturer or vendor
of the testing method and the testers names must appear on the qualified
testers list provided by the manufacturer or vendor to the department. The
department has the authority to disapprove any existing or future testing
device or procedure if the requirements of this subsection cannot be met. The
department has the authority to prohibit a person from performing tank
tightness testing if the requirements of this subsection cannot be
met.
(d) Automatic tank gauging.
(1) Equipment for automatic tank gauging that
tests for the loss of product and conducts inventory control must meet both of
the following requirement:
(i) The automatic
product level monitor test can detect a 0.2 gallon-per-hour leak rate from any
portion of the tank that routinely contains product.
(ii) Inventory control, or another test of
equivalent performance, is conducted in accordance with the requirements of
subsection (a) of this section.
(2) The test shall be performed with the
system operating in 1 of the following modes:
(i) In-tank static testing conducted at least
once every 30 days.
(ii) Continuous
in-tank leak detection operating on an uninterrupted basis or operating within
a process that allows the system to gather incremental measurements to
determine the leak status of the tank at least once every 30 days.
(3) For waste oil UST(s) and a
non-motor fueling system of any size that do not meet the criteria of 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. MCL 6921 to 6931 and 6933 to 6939b, automatic tank gauging equipment
that tests for the loss of product by mass measurement probes and conducts
inventory control is adequate as required by this section if it meets both of
the following requirements:
(i) The automatic
product level monitor test can detect a 0.2 gallon-per-hour leak rate from any
portion of the tank that routinely contains product.
(ii) Manual tank gauging is conducted in
accordance with the requirements of subsection (b)(1) and (2) of this
section.
(4) Each tank
in a manifolded tank system must be provided with its own automatic tank
gauging probe that meets the requirements of subdivisions (1) and (2) of this
subsection and must be isolated from all other tanks during the testing
process.
(e) Vapor
monitoring. Prior approval by the department is required for the utilization of
vapor monitoring as the primary method of release detection for an UST or the
underground piping system, or both, to verify that testing or monitoring for
vapors within the soil gas of the excavation zone meet all of the following
conditions:
(1) The materials used as
backfill are sufficiently porous, for example, gravel, sand, or crushed rock to
readily allow diffusion of vapors from releases in the excavation
area.
(2) The stored regulated
substance, or a tracer compound placed in the tank system, is sufficiently
volatile, for example, gasoline, to result in a vapor level that is detectable
by the monitoring devices located in the excavation zone in the event of a
release from the tank.
(3) The
measurement of vapors by the monitoring device is not rendered inoperative by
the groundwater, rainfall, or soil moisture or other known interferences so
that a release could go undetected for more than 30 days.
(4) The level of background contamination in
the excavation zone will not interfere with the method used to detect releases
from the tank.
(5) The vapor
monitors are designed and operated to detect any significant increase in
concentration above background of the regulated substance stored in the tank
system, a component or components of that substance, or a tracer compound
placed in the tank system.
(6) In
the UST excavation zone, the site is assessed to ensure compliance with the
requirements in subdivisions (1) to (4) of this subsection and to establish the
number and positioning of monitoring wells that will detect releases within the
excavation zone from any portion of the tank that routinely contains
project.
(7) Monitoring wells are
clearly marked and secured to avoid unauthorized access and tampering. A
monitoring well shall have a liquid tight cover and not less than 3-foot deep
annular seal to prevent surface water runoff and subsurface water infiltration
into the monitoring well.
(f) Groundwater monitoring. Prior approval by
the department is required for the utilization of groundwater monitoring as the
primary method of release detection for an UST or the underground piping
system, or both, to verify that testing or monitoring for liquids on the
groundwater meets all of the following conditions:
(1) The regulated substance stored is
immersible in water and has a specific gravity of less than 1.
(2) Groundwater is not more than 20 feet from
the ground surface and the hydraulic conductivity of the soil or soils between
the UST system and the monitoring wells or devices is not less than 0.01
cm/sec. The soil shall consist of gravel, coarse to medium sands, coarse silts,
or other permeable materials.
(3)
The slotted portion of the monitoring well casing must be designed to prevent
migration of natural soils or filter pack into the well and to allow entry of
regulated substance on the water table into the well under both high and low
groundwater conditions.
(4)
Monitoring wells are clearly marked and secured to avoid unauthorized access
and tampering. A monitoring well shall also have a liquid tight cover to
prevent surface water runoff from entering the monitoring well and an annular
seal extending from the ground surface to the top of the filter pack. All well
construction and abandonment must comply with part 127 of 1978 PA 368, MCL
333.12701 to 333.12771, and rules promulgated under 1978 PA 368.
(5) Monitoring wells or devices intercept the
excavation zone or are as close to it as is technically feasible.
(6) The continuous monitoring devices in
accordance with subsection (e) of this section or manual methods used through
visual or olfactory observation can detect the presence of the regulated
substance stored in the tank system, a component or components of the
substance, or a tracer compound placed in the tank system. The monitoring
device can detect at least 1/8 of an inch of NAPL on top of the groundwater in
the monitoring wells.
(7) Within
and immediately below the UST system excavation zone, the site is assessed to
ensure compliance with the requirements in subdivision (1) to (5) of this
subsection and to establish the number and positioning of monitoring wells or
devices that will detect releases from any portion of the tank that routinely
contains product.
(g)
Interstitial monitoring. Interstitial monitoring between the UST system and a
secondary barrier immediately around or beneath it must be used, but only if
the system is designed, constructed, and installed to detect a leak from any
portion of the tank that routinely contains product and also meets 1 of the
following requirements:
(1) For double walled
UST systems, the sampling or testing method can detect a leak through the inner
wall in any portion of the tank that routinely contains product.
(2) For UST systems with a secondary barrier
within the excavation zone, the sampling or testing method used can detect a
leak between the UST system and the secondary barrier. The secondary barrier
shall meet all of the following:
(i) The
secondary barrier around or beneath the UST system consists of artificially
constructed material that is sufficiently thick and impermeable (at least
10-6 cm/sec for the regulated substance stored) to
direct a leak to the monitoring point and permit its detection.
(ii) The barrier is compatible with the
regulated substance stored so that a leak from the UST system will not cause a
deterioration of the barrier allowing a release to pass through
undetected.
(iii) For cathodically
protected tanks, the secondary barrier must be installed so that it does not
interfere with the proper operation of the cathodic protection
system.
(iv) The groundwater, soil
moisture, or rainfall will not render the testing or sampling method used
inoperative so that a release could go undetected for more than 30
days.
(v) The site is assessed to
ensure that the secondary barrier is always above the groundwater and not in a
25-year flood plain, unless the barrier and monitoring designs are for use
under these conditions.
(vi)
Monitoring wells are clearly marked and secured to avoid unauthorized access
and tampering.
(3) For
tanks with an internally fitted liner, an automated device can detect a leak
between the inner wall of the tank and the liner, and the liner is compatible
with the substance stored.
(h) Statistical inventory reconciliation.
Release detection methods based on the application of statistical principles to
inventory data similar to those described in subsection 280.43(a) shall meet
all of the following requirements:
(1) Report
a quantitative result with a calculated leak rate.
(2) Be capable of detecting a leak rate of
0.2 gallon per hour or a release of 150 gallons within 30 days.
(3) Use a threshold that does not exceed 1/2
the minimum detectible leak rate.
(i) Other methods. The department may approve
another method or combination of methods of monthly monitoring if a person can
demonstrate, by clear and convincing evidence, that the method can detect a
release as effectively as any of the methods allowed in subsections (c) to (h)
of this section. In comparing methods , the department shall
consider the size of the release that the method can detect and the frequency
and reliability with which it can be detected. A detection capability of 0.2
gallons per hour release rate with a probability of detection of 0.95 and a
probability of false alarm of 0.05 will be deemed sufficient to approve a
monthly monitoring method. If the method is approved, the owner and operator
shall comply with any conditions imposed by the department on the use of the
method to ensure the protection of human health and the
environment.