Mich. Admin. Code R. 324.2006 - Pollution incident prevention plan

Rule 6.

(1) Except as provided in subrule (3) of this rule, not more than 24 months after the effective date of these rules, the owner or operator of any on-land facility that receives, uses, processes, manufactures, stores, or ships polluting materials in excess of the applicable threshold management quantity shall develop, maintain, and operate in accordance with, a pollution incident prevention plan. At a minimum, the pollution incident prevention plan shall include all of the following information:

(a) All of the following general facility information:

(i) Facility name.

(ii) Mailing address.

(iii) Street address, if other than the mailing address.

(iv) Facility phone number.

(v) 24-hour emergency phone number or numbers.

(vi) Internal emergency notification procedures.

(vii) The name of the designated spill prevention and control coordinator.

(viii) The name of the person or persons responsible for on-site spill prevention and control, if different than the designated spill prevention and control coordinator.

(ix) The name of the facility owner.

(x) A map showing the facility relative to the surrounding area, including thoroughfares.

(b) Procedures for emergency notification of all of the following entities:

(i) The department's pollution emergency alerting system (PEAS).

(ii) National response center.

(iii) Local emergency planning committee.

(iv) Local fire department.

(v) Local law enforcement agency.

(vi) Municipal wastewater treatment plant if the facility is served by a municipal wastewater treatment plant.

(vii) Appropriate spill cleanup contractor, or consulting firm, or both.

(c) All of the following spill control and cleanup procedures:

(i) Inventory and location of spill control and cleanup equipment available on-and off-site.

(ii) Procedures for response and cleanup.

(iii) Procedures for characterization and disposal of recovered materials.

(d) A polluting material inventory, including all of the following information:

(i) Identification of all polluting materials typically on-site in quantities exceeding the threshold management quantity during the preceding 12 months. The materials shall be identified by product name, chemical name, and chemical abstracts service number.

(ii) The location of material safety data sheets for all polluting materials on-site in quantities exceeding the threshold management quantity.

(e) A site plan depicting relevant site structures and all storage and use areas where polluting materials are managed on-site in quantities exceeding the threshold management quantity, including any of the following:

(i) Aboveground and underground tanks.

(ii) Floor drains.

(iii) Loading and unloading areas.

(iv) Sumps.

(v) On-site water supplies.

(f) Outdoor secondary containment structures, including all of the following information:

(i) Location or locations.

(ii) Design and construction data, including dimensions, materials, capacity, and the amount of the polluting materials stored in each area.

(iii) Provisions for the capture and removal of spilled polluting materials.

(iv) Provisions for secondary containment structure physical security, including signage, gates, fences, and barriers.

(v) Precipitation management procedures, including characterization and disposal procedures and copies of any permits authorizing discharge.

(vi) Inspection and maintenance procedures.

(g) Other controls.

(h) Provisions for general facility physical security.

(2) The facility owner or operator shall maintain the plan at the facility available for inspection upon request of the department. Within 30 days after its completion, the facility owner or operator shall notify the department and certify that the facility is in full compliance with these rules and notify the local emergency planning committee and the local health department serving the facility that the pollution incident prevention plan has been completed and is available upon request. Within 30 days after receiving a request for a copy of the plan from the department, the local emergency planning committee or the local health department, the facility owner or operator shall submit a copy of the pollution incident prevention plan to the requesting agency.

(3) A facility that is subject to other local, state, or federal emergency or contingency planning requirements may integrate the pollution incident prevention plan with other plans if the required elements of the pollution incident prevention plan are contained in the integrated plan. Upon preparation of an integrated plan, the facility owner or operator shall submit the updated plan and shall renotify the department and recertify compliance with these rules in accordance with subrule (2) of this rule.

(4) The facility owner or operator shall evaluate the pollution incident prevention plan or integrated plan every 3 years or after any release that requires implementation of the plan, whichever is more frequent. The facility owner or operator shall update the plan when facility personnel, processes, or procedures identified in the plan change or as otherwise necessary to maintain compliance with this rule. Upon preparation of an updated plan, the facility owner or operator shall renotify the department and recertify compliance with these rules in accordance with subrule (2) of this rule.

(5) If the department determines that a pollution incident prevention plan prepared under subrule (1) of this rule or the applicable portions of an integrated plan prepared under subrule (3) of this rule is incomplete or inadequate, then the department may inform the owner or operator of an oil storage or on-land facility, in writing, of the department's findings and recommendations and request modification of the plan. The owner or operator of the oil storage or on-land facility shall modify the plan and resubmit it in accordance with subrule (2) of this rule within 30 days after receipt of the department's request, unless a longer response period is authorized by the department in writing.

Notes

Mich. Admin. Code R. 324.2006

2001 AACS