Mich. Admin. Code R. 324.2002 - Definitions; p to u

Rule 2. As used in this part:

(a) "Polluting material" means all of the following:

(i) Oil.

(ii) Salt.

(iii) Any material specified in table 1 in R 324.2009.

(iv) Any compound or product that contains 1%, or more, by weight, of any material listed in paragraphs (i) through (iii) of this subdivision based on material safety data sheet formulation information for the compounds or products.

(v) "Polluting material" does not include manufactured items.

(b) "Release" is defined in section 20101(1)(bb) of the act. For the purposes of this rule, "release" does not include any of the following:

(i) Spilling, leaking, or discharging less than 1000 gallons of a polluting material into a secondary containment structure that complies with these rules, if recovery of the material spilled, leaked, or discharged is initiated within 24 hours of detection, is completed as soon as practicable, but not more than 72 hours after detection, and if no polluting materials are released directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state.

(ii) Spilling, leaking, or discharging less than 55 gallons of oil to the ground surface, if the spill, leak, or discharge is detected and the oil recovered within 24 hours of the spill, leak, or discharge, and if oil is not released directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state.

(iii) Spilling, leaking, or discharging less than 55 gallons of oil to the surface waters of this state, if effective recovery measures are implemented in response to the spill, leak, or discharge immediately upon detection.

(iv) Releases of air contaminants as defined in section 5501(a) of the act.

(v) Permitted releases as defined in section 20101(1)(aa) of the act.

(c) "Salt" means sodium chloride, potassium chloride, calcium chloride, and magnesium chloride, and solutions or mixtures of these compounds in solid or liquid form.

(d) "Secondary containment structure" means a unit, other than the primary container in which polluting material is packaged or held, that is designed, constructed, and operated so that the polluting material cannot escape from the unit through public sewers, drains, or otherwise directly or indirectly into any public sewer system or to the surface waters or groundwaters of this state.

(e) "Sewer system" is defined in R 299.2903(8).

(f) "Threshold management quantity" means any of the following:

(i) For salt in solid form used, stored, or otherwise managed at any location at or within an on-land or oil storage facility, 5 tons.

(ii) For salt in liquid form used, stored, or otherwise managed at any location at or within an on-land or oil storage facility, 1000 gallons.

(iii) For oil, 1320 gallons in aboveground tanks or containers if no single tank or container has a capacity of more than of 660 gallons.

(iv) For all other polluting materials at any discrete outdoor use or storage location at an on-land or oil storage facility, 200 kilograms (440 pounds).

(v) For all other polluting materials at any discrete indoor use or storage location at an on-land or oil storage facility, 1000 kilograms (2200 pounds).

(g) "Threshold reporting quantity" means any of the following:

(i) For releases of oil to the surface of the ground, 50 pounds.

(ii) For releases of oil to the waters of the state, any quantity that causes unnatural turbidity, color, visible sheens, oil films, foams, solids, or deposits in the receiving waterbody.

(iii) For release of salt to the surface of the ground, or waters of the state, 50 pounds in solid form, unless the use is authorized by the department for deicing purposes, or 50 gallons in liquid form, unless authorized by the department as a dust suppressant or deicing agent or permitted under part 31 of the act.

(iv) For releases of all other polluting materials, the quantity specified in table 1 in R 324.2009, or any quantity that causes unnatural turbidity, color, visible sheens, oil films, foams, solids, or deposits in the receiving waterbody.

(h) "Use area" means any area within an oil storage facility or on-land facility that is used for handling, treating, or processing polluting materials.

Notes

Mich. Admin. Code R. 324.2002

2001 AACS