DEPARTMENT OF AGRICULTURE

PESTICIDE AND PLANT PEST MANAGEMENT DIVISION

REGULATION NO. 641. COMMERCIAL FERTILIZER BULK STORAGE

(By authority conferred on the department of agriculture by 1994 PA 451, MCL

324.8513)

R 285.641.1 Definitions.

Rule 1. (1) As used in these rules:

(a) "API 650 standard" means the American Petroleum Institute standard number

650, tenth edition, November 1998, containing standards for the design and construction

of welded steel tanks for oil storage, published by the American Petroleum Institute,

1220 L. Street, Northwest, Washington D.C., 20005-4070, http://www.api.org or

surviving organization. This document is available at a cost of $289.00, which is the

cost at the time of publication of this rule. This document is available for inspection

from the Michigan Department of Agriculture, Pesticide and Plant Pest Management

Division, 525 W. Allegan, Lansing, MI 48933.

(b) "API 653 standard" means the American Petroleum Institute standard number

653, third edition, September 2003, containing standards for the inspection, repair,

alteration and reconstruction of welded steel tanks for oil storage, published by the

American Petroleum Institute, 1220 L. Street, Northwest, Washington D.C., 20005-

4070, http://www.api.org or surviving organization. This document is available at a

cost of $176.00, which is the cost at the time of publication of this rule. This document

is available for inspection from the Michigan Department of Agriculture, Pesticide and

Plant Pest Management Division, 525 W. Allegan, Lansing, MI 48933.

(c) "Approved" means approval by the director of the department or his or her

representative.

(d) "Appurtenances" mean any of the following which are connected to a bulk

fertilizer container or which are used for transferring bulk fertilizer between containers:

(i) Valves.

(ii) Gauges.

(iii) Portable manufacturing units.

(iv) Pumps.

(v) Fittings.

(vi) Hoses.

(vii) Mixing containers.

(viii) Plumbing.

(ix) Metering devices.

(e) "Aqua ammonia" means an aqueous solution of anhydrous ammonia which

generally contains 18% to 30% of ammonia (NH3) by weight and which has a vapor

pressure that usually varies from 0 to 10 pounds per square inch gauge (psig) at 104

degrees Fahrenheit.

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(f) "Authorized inspector" means a person who is certified by the American

Petroleum Institute under appendix D-authorized inspector certification, of the API

653 standard.

(g) "Bladder system" means a non-adhering liner physically attached to the inside of

the large storage tank. The liner, constructed of a compatible synthetic material, provides

physical separation of the liquid product from the sidewalls and storage container floor.

(h) "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of

more than 2,500 United States gallons, fluid fertilizer in containers that have a combined

total capacity for all storage containers or tanks located at a single site or location of

more than 7,500 United States gallons, or dry fertilizer in an individual quantity of

more than 2,000 pounds. For purposes of these rules, use solutions and rinsates are

bulk fertilizers if they are in containers that meet the capacities specified in this

subdivision.

(i) "Department" means the Michigan department of agriculture.

(j) "Discharge" means an uncontained release to the environment in a quantity that

is more than 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer.

"Discharge" does not include a fully contained transfer of bulk fertilizer that is

made pursuant to sale, storage, distribution, or intended use.

(k) "Distribute" has the meaning as defined in section 8501 of 1994 PA 451, MCL

324.8501.

(l) "Elephant ring" means a storage container which has an open top and which serves

as a secondary containment vessel into which a primary storage container with a smaller

volume is placed.

(m) "Existing bulk storage facility" means a facility that, on the effective date of

this rule, is being used to store or hold bulk fertilizers where the location of bulk

containers remains the same whether bulk containers are replaced, added to, or

reorganized.

(n) "Fertilizer" has the meaning as defined in section 8501 of 1994 PA 451, MCL

324.8501.

(o) "Field operations" means the application of fertilizer to soil or plants in the

course of normal agricultural or horticultural practice.

(p) "Floodplain" means any land area that is subject to a 1% or greater chance of

flooding. This is equivalent to a 100-year flood.

(q) "Fluid fertilizer" means fertilizer in fluid form and includes solutions,

emulsions, suspensions, and slurries. "Fluid fertilizer" does not include anhydrous

ammonia.

(r) "Large storage tank" means a closed container used to store liquid fertilizer that

has a capacity of 100,000 gallons or more and which has been constructed on-site.

(s) "Mobile container" means a container designed or used for transporting

fertilizer.

(t) "Modification" means changes in structures, processes, or activities at a bulk

fertilizer storage facility that alter the efficiency or capacity of containment structures or

systems.

(u) "New bulk storage facility" means a storage facility designated by the director or

a storage facility that locates new, used, or refurbished bulk containers where, before

the effective date of this rule, bulk storage was not conducted.

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(v) "Operational area containment" means a structure or system that is designed and

constructed to effectively intercept and contain spills, container or equipment

washwater, and precipitation to prevent the runoff or leaching of fertilizer from an area

or areas at a storage facility where bulk fertilizers are transferred, loaded, unloaded,

mixed, impregnated, repackaged, or refilled.

(w) "Primary containment" means the storage of bulk fertilizer in storage containers at

a storage facility.

(x) "Primary containment piping" consists of any conveyance utilized to transport

liquid fertilizer into or out of the storage area.

(y) "Rinsate" means the liquid that is generated from the rinsing of the interior surface

of fertilizer application equipment or a fertilizer container that has come in direct

contact with fertilizer. The liquid is a mixture of water and a relatively low

concentration of fertilizer. "Rinsate" includes the liquid that is generated by cleaning a

containment area under R 285.641.10(3).

(z) "Secondary containment" means a structure, including dikes, that is effectively

designed and constructed to contain spills or leaks and to prevent escapes, runoff,

and leaching of fertilizer from bulk storage containers and appurtenances.

(aa) "Spill" means a contained release, within a containment area or operational

pad, in a quantity that is more than 55 United States gallons of liquid or 650 pounds of

dry bulk fertilizer. "Spill" does not include a fully contained transfer of bulk fertilizer

that is made pursuant to sale, storage, distribution, or intended use.

(bb) "Storage" means the storage of bulk fertilizer by a person who manufactures

or distributes bulk fertilizer.

(cc) "Storage container" means a container, rail car, nurse tank, or mobile container

that is used for the storage of bulk fertilizer. "Storage container" does not include any of

the following:

(i) A mobile container that stores bulk fertilizer at a storage facility for less than 30

consecutive days if the storage is incidental to the loading or unloading of a storage

container at the storage facility.

(ii) A mobile container that is located on property other than property which is

owned, operated, or controlled by an owner or operator of a storage facility for less than

30 consecutive days.

(iii) A rail car that stores bulk fertilizer at a storage facility for less than 30

consecutive days without reloading or unloading.

(iv) A container which is 2,500 gallons or less and which is used solely as emergency

storage for leaking fertilizer containers.

(dd) "Storage facility" means a facility which is used to store or hold bulk fertilizer

and which is owned, operated, controlled, or leased by a person who manufactures or

distributes bulk fertilizer.

(ee) "Surface water" means a body of water that has its top surface exposed to the

atmosphere and includes lakes, ponds, or water holes that

cover an area of more than 0.25 acres and streams, rivers, or waterways that maintain a

flow year-round. "Surface water" does not include waterways that have an intermittent

flow.

(ff) "Washwater" means the liquid that is generated from rinsing the exterior

surfaces of application, handling, storage, transportation, or nurse equipment.

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"Washwater" does not include the liquid that is generated by cleaning a containment

area under R 285.641.10(3).

History: 1998-2000 AACS.

R 285.641.2 Storage facility registration.

Rule 2. (1) A person shall not operate a storage facility in Michigan until it is

registered with the department. Each facility shall submit a registration application

on forms provided by the department. The registration application shall disclose the

physical location of the facility and its mailing address if different from the address on

the application. A person shall submit a discharge response plan under R 285.641.14

and a site plan of the facility with the registration application. The site plan shall

include all of the following:

(a) A plot plan or map of the property that shows all structures and the location of all

wells on the site.

(b) A plot plan or map that shows all of the following:

(i) Precipitation runoff routes to and from the storage facility.

(ii) Approximate distance to, and the identity of, lakes, streams, drainage ditches,

or storm drains within 0.5 mile of the storage facility location.

(iii) The distance and direction to the nearest public and private wells.

(iv) Site soil characteristics.

(v) Depth to groundwater.

(c) A plot plan or map that shows the location of bulk storage tanks and their

horizontal, raised, or vertical situation at the site, and a tank schedule that provides all

of the following information for each tank:

(i) The construction material.

(ii) The capacity.

(iii) The diameter.

(iv) The height.

(v) The product stored.

(vi) The date of installation.

(d) Secondary and operational area containment construction plans and the capacity of

the containments in gallons.

(e) If synthetic liners or synthetic materials are used, containment structure

manufacturer installation instructions and confirmation of compatibility with

fertilizer.

If prefabricated basins are used, containment structure manufacturer

confirmation of compatibility with fertilizer and an estimate of the life expectancy of the

structure.

(f) An operational plan for containment areas that shows the handling and utilization of

recovered fertilizer materials, rinsewater, and precipitation accumulation.

(2) For a facility which is in operation on the effective date of this rule and which

does not meet the containment requirements of this rule, the facility shall submit both of

the following with the registration application:

(a) Items that are required under subrule (1) of this rule.

(b) Designs for required containment structures, including the amount of construction

that has been completed and a timetable for complete compliance with this rule.

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(3) All registrations expire on December 31 of each year. The facility site plan need

not be submitted with the registration application after the first registration is approved

unless modifications to the facility occur affecting subrules (1) and (2) of this rule.

(4) For a facility that has containments under construction or that has plans for

construction, the facility shall submit annually the items specified in subrule (2) of

this rule with the registration application until the construction has been completed.

(5) After an initial storage facility registration has been completed, if changes or

modifications have not occurred since the latest registration, then facility need not

submit the items in subrules (1) and (2) of this rule with the storage facility registration

application/renewal.

(6) The department may approve a registration application with conditions if the

applicant facility has met the requirements of subrules (2) to (5) of this rule. A facility

applying for an approval with conditions shall meet timetables for project completion

as approved by the department and may have a maximum of 5 years to fully complete a

project.

(7) The department may deny a registration if the applicant facility does not meet the

requirements of this rule. The applicant facility may appeal a registration denial to the

department director for reevaluation.

(8) The department shall notify an applicant regarding the status of their registration

within 120 days of receipt of the registration. This notification shall indicate the

conditions of approval or the reasons for denial of registration, if applicable. An

applicant facility shall be deemed registered for operation for 1 year if the department

does not respond within the 120 days.

(9) The department may exempt any person from a requirement under these rules if

compliance is not technically feasible and if the department finds that alternative

measures provide substantially similar protection against a discharge to the environment.

The person who requests the exemption shall provide all information which is required

to prove that substantially similar protection is possible to the department.

(10) For the year in which this rule takes effect, a facility applicant shall submit a

registration application to the department within 180 days of the effective date of this

rule.

History: 1998-2000 AACS.

R 285.641.3 Siting of storage facilities.

Rule 3. (1) The siting of a bulk fertilizer storage facility shall comply with applicable

local, state, and federal regulations.

(2) A storage facility shall locate its new bulk storage facilities and its respective

containment areas shall be located as follows:

(a) Above a floodplain as defined in R 285.641.1(1).

(b) A minimum of 200 feet from surface water.

(c) A minimum of 2,000 feet from type I and type IIa public water supply wells, as

defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et

seq. of the Michigan Compiled Laws.

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(d) A minimum of 800 feet from type IIb and type III public water supply wells, as

defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et

seq. of the Michigan Compiled Laws.

(e) A minimum of 150 feet from all other drinking water supplies that are not defined

in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the

Michigan Compiled Laws.

(3) Existing bulk storage facilities that have approved containment shall have the

outside base of the containment areas located as follows:

(a) A minimum of 200 feet from type I and type IIa public water supply wells, as

defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et

seq. of the Michigan Compiled Laws.

(b) A minimum of 75 feet from type IIb and type III public water supply wells, as

defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et

seq. of the Michigan Compiled Laws.

(c) A minimum of 50 feet from all other drinking water supplies that are not defined in

Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the

Michigan Compiled Laws.

(4) All bulk storage facilities shall utilize appropriate engineering safeguards to

prevent water supply contamination if the floodplain, surface water, or water supply

setback requirements in subrules (2) and (3) of this rule cannot be met. A storage

facility shall implement the engineering safeguards before initial approval of a

facility registration by the department.

(5) A storage facility shall ensure that bulk storage construction standards for

primary, secondary, and operational containment facilities that are constructed after the

effective date of this rule are of a type recommended by any of the following

entities:

(a) Michigan state university.

(b) Midwest plan service.

(c) Tennessee valley authority.

(d) United States Department of Agriculture natural resources conservation service.

(e) A licensed engineer.

(f) Other sources approved by the department.

(6) The department is not liable for the structural integrity of a department-

approved storage facility.

History: 1998-2000 AACS.

R 285.641.4 Primary containment of bulk liquid fertilizer.

Rule 4. (1) A storage facility shall ensure that a storage container and an appurtenance

are constructed, installed, and maintained to prevent the unintentional discharge of

fluid fertilizer.

(2) A storage facility shall ensure that a storage container and an appurtenance are

constructed of materials that are resistant to corrosion, puncture, or cracking.

(3) A storage facility shall ensure that metals which are used for valves, fittings, and

repairs on metal containers are compatible with the metals that are used in the

construction of the storage container so that the combination of metals does not cause or

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increase corrosion which may weaken the storage container or its appurtenances or

create a risk of discharge.

(4) A storage facility shall ensure that a storage container and an appurtenance are

designed to handle all operating stresses, taking into account static head, pressure

buildup from pumps and compressors, and any other mechanical stresses to which the

storage containers and appurtenances may be subject in the course of operations.

(5) A storage facility shall ensure that a storage container and an appurtenance,

including pipes, are protected against reasonably foreseeable risks of damage by trucks

and other moving vehicles that are engaged in the handling of bulk fertilizers.

(6) A storage facility shall ensure that a storage container and an appurtenance are

constructed of materials that are compatible with the product or products being

stored and handled.

(7) A storage facility shall ensure that a storage container is not filled beyond the

capacity for which it is designed, taking into account the physical characteristics of

the fluid that is being stored.

(8) A storage facility shall ensure that flexible connections and properly supported

appurtenances are utilized as dictated by engineering practices to reduce vibrational and

stress-related deterioration.

(9) A storage facility shall ensure that backflow protection or a fixed air gap is utilized

to protect water lines as required by standard engineering and plumbing practices.

(10) A storage facility shall locate primary containment piping above the ground and

within secondary containment. The end of primary containment piping or any

manifold device shall remain within secondary containment. Underground primary

containment piping is permitted provided the piping is made of stainless steel, is

enclosed in secondary containment (a pipe within a pipe) or is hydrostatically tested

annually.

(11) A storage facility shall ensure that a storage container is anchored, elevated, or

secured by some other means as necessary to prevent flotation or instability.

(12) A storage facility shall locate mobile storage container that contains liquid fertilizer

not less than 100 feet from a water well or surface water.

(13) A person shall not store liquid fertilizer in

underground.

a

container that is located

(14) A storage facility shall ensure that an adequate distance to allow for inspection

and maintenance is maintained between storage containers and between storage

containers and the secondary containment wall.

(15) A facility that has an existing secondary containment area on the effective date

of this rule which does not provide adequate distance to allow for inspection and

maintenance shall provide an adequate distance when a physical change to a storage

container or the secondary containment takes place.

(16) A storage facility shall ensure that a bulk fertilizer storage container is labeled

in a prominent location with lettering that is a minimum of 4 inches in height. In addition

to meeting the provisions of Act No. 451 of the Public Acts of 1994, as amended, being

§324.8501 et seq.of the Michigan Compiled Laws, a storage facility shall ensure that

the labeling includes the capacity of the storage container.

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(17) A facility that is placed in service after the effective date of this rule shall

immediately comply with this rule. A facility that is in service before the effective date

of this rule has 2 years to comply with this rule.

History: 1998-2000 AACS.

R 285.641.5 Liquid level-gauging devices.

Rule 5. (1) A storage facility shall ensure that a storage container permits easy and

safe measurement of the liquid level within the storage container. Liquid level

gauging may be accomplished using any of the following:

(a) Tank markings.

(b) See-through gradations.

(c) Dip sticks.

(d) Site gauge tubes.

(e) Other approved means.

(2) A storage facility shall ensure that exterior liquid level gauging devices are

secured to protect against breakage and vandalism.

(3) A storage facility shall ensure that a storage container which has external sight

gauges has a lockable bottom valve and is locked closed when not in use.

(4) A facility that is placed in service after the effective date of this rule shall

immediately comply with this rule. A facility that is in service before the effective date

of this rule has 2 years to comply with this rule.

History: 1998-2000 AACS.

R 285.641.6 Security requirements.

Rule 6. (1) A storage facility shall ensure that storage container and an appurtenance

are secured to provide reasonable protection from wildlife, vandalism, and

unauthorized access at all times. The container and appurtenance may be secured

using any of the following:

(a) Fencing.

(b) Lighting.

(c) Locks.

(d) Other approved means.

(2) For nonapplication season storage, a storage facility shall ensure that an

appurtenance and a valve on a storage container or mobile container are locked or

otherwise secured.

(3) A storage facility shall ensure that a storage container is equipped with a shutoff

valve that is located on the storage container or at a distance from the storage

container dictated by standard engineering practice.

(4) For multiple valves that are located on a single line, a storage facility shall

ensure that the valve closest to its storage container is securable.

(5) A storage facility shall ensure that a valve on an empty container is closed.

(6) A storage facility shall fully comply with the provisions of this rule 180 days after

the effective date of this rule.

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History: 1998-2000 AACS.

R 285.641.7 Secondary containment of bulk liquid fertilizer.

Rule 7. (1) A storage facility shall locate a primary storage container of bulk fertilizer

within a secondary containment area. Construction of containment areas that have

discharge valves or drains will not be permitted after the effective date of this rule.

(2) A storage facility shall comply with all of the following capacity requirements for

a secondary containment area, as applicable:

(a) A storage facility shall ensure that a secondary containment area that is not

protected from rainfall contains a minimum of 110% of the volume of the largest

storage container within the diked area, plus the volume that is occupied by all other

tanks within and below the height of the dike, plus the volume of a 6-inch rainfall.

(b) A storage facility shall ensure that a secondary containment area that is protected

from rainfall contains a minimum of 110% of the volume of the largest storage

container within the diked area, plus the volume that is occupied by all other tanks

within and below the height of the dike.

(c) A secondary containment area which was constructed before the effective date

of this rule and which does not have a capacity that includes the 6-inch rainfall complies

with this rule. A storage facility to which this subdivision applies shall, upon alteration

of the secondary containment area or increases in storage container volume, provide a

capacity that includes a 6-inch rainfall within 1 year of the alteration or increase.

(d) A storage facility shall ensure that a secondary containment area that is not

protected from rainfall provides for separation between bulk pesticides and bulk

fertilizers to the extent that a common wall or curb between the pesticide and fertilizer

areas will accomplish either of the following:

(i) Prevent pesticide from entering the fertilizer area, but allow fertilizer to enter

and utilize the pesticide area while maintaining the capacity requirements specified in

subdivisions (a) to (c) of this subrule.

(ii) Maintain a complete separation of fertilizer and pesticide, with or without a

common wall, if each separate area maintains the capacity requirements specified in

subdivisions (a) to (c) of this subrule.

(e) A storage facility shall ensure that tile drainage that underlies areas which are

contained by earthen dikes is eliminated.

(3) A storage facility shall comply with all of the following construction requirements

for secondary containment areas:

(a) A storage facility shall ensure that the walls and floors of a secondary

containment area are constructed of any of the following materials and are designed to

withstand a full hydrostatic head of any discharged liquid and weight load of

material:

(i) Earth.

(ii) Steel.

(iii) Poured reinforced concrete.

(iv) Precast concrete modules.

(v) Solid masonry.

(vi) Other materials approved by the department.

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(b) A storage facility shall ensure that all joints, seams, and cracking are sealed to

prevent leakage.

(c) A storage facility shall ensure that walls are not more than 6 feet in height above

interior grade unless provision is made for safe access and exiting.

(d) A storage facility shall ensure that earthen walls have a horizontal-to-

vertical slope consistent with good engineering practice, are packed and protected from

erosion, and the top are not less than 2.5 feet wide.

(e) A storage facility shall ensure that piping is not installed through the secondary

containment wall, except for interconnections between multiple secondary containment

structures. This prohibition does not apply to existing bulk storage facilities that have

properly engineered, monitored, and maintained through-wall piping, as determined by

the department.

(f) The floor of a secondary containment area may slope to a watertight catch basin or

sump.

(g) A storage facility shall ensure that a secondary containment area that is constructed

of earth or other permeable materials is lined with concrete, steel, approved synthetic

liners, or a clay liner to achieve water tightness.

(h) If steel plates are used as a liner, then the department shall approve the installation

plans. A storage facility shall ensure that the plates are protected against corrosion and

joined in a manner to provide watertight joints.

(i) The department shall approve synthetic liners and installation plans before

installation. A storage facility shall comply with all of the following provisions

before the department will grant synthetic liner approval:

(i) The manufacturer of the liner shall provide written confirmation of compatibility

and an estimate of the life expectancy of the liner.

(ii) A synthetic liner shall have a minimum thickness of 30 mils (0.8 millimeter) and

be compatible with the materials being stored within the secondary containment area.

(iii) A synthetic liner shall be installed under the supervision of a qualified

representative of the manufacturer, and all field-constructed seams shall be tested and

repaired, if necessary, in accordance with the manufacturer's recommendations.

(j) A storage facility may use a soil or earthen liner for fertilizer bulk storage secondary

containment structures if the liner meets all of the following requirements:

(i) The soil liner is maintained free of major cracking and vegetation.

(ii) The internal surface soil is sealed, including the berm of an earthen dike, with a

sealing agent, such as sodium bentonite, attapulgite, or a similar clay material.

(iii) The soil liner is constructed in accordance with reliable engineering

recommendations to achieve a coefficient of permeability of not more than 1.0 x 10-6

cm/sec at construction, is maintained at a permeability of 1.0 x 10-5 cm/sec, and is a

minimum of 6 inches in thickness.

(k) A storage facility shall ensure that sump construction is of the same thickness on all

sides including the base of the sump, as for the remainder of the containment area base

and shall be watertight.

(l) A storage facility shall ensure that design and construction specifications for

the sump address sediment accumulation, sediment removal, and freeze-thaw cycles.

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(m) The department may approve the use of experimental materials upon written

confirmation from the manufacturer regarding the pertinent specifications of the

material for use in fertilizer containment.

(4) To be exempt from secondary containment lining requirements, a storage facility

need not install a liner directly under a storage container which has a capacity of

100,000 gallons or more and which has been constructed on-site and put into use

before the effective date of this rule if the facility complies with 1 of the following

alternative procedures:

(a) The following provisions pertain to alternative procedure 1:

(i) A storage facility shall ensure that a second bottom that is made of the same

material as the remainder of the storage container is constructed for the storage

container. The facility shall ensure that the second bottom is placed over the original

bottom and minimum 3-inch layer of smooth, fine gravel, coarse sand, or other

material approved by the department. The department may approve alternate methods

or materials under this provision provided the department determines that substantially

similar protection will be achieved.

(ii) A storage facility shall test the original bottom of the storage container for leaks

before the sand layer and second bottom are installed. The storage facility shall keep a

record of the test on file.

(iii) A storage facility shall test the newly constructed bottom for leaks before any fluid

fertilizer is stored on the newly constructed bottom. The storage facility shall keep a

record of the test on file.

(iv) A storage facility shall employ a method by which leaks from the newly

constructed bottom into the sand layer are readily detected.

(v) A storage facility shall test the newly constructed bottom at least once every 5

years for leaks. The storage facility shall maintain a record of the tests.

(b) The following provisions pertain to alternative procedure 2:

(i) A storage facility shall empty, clean, and test a container for leaks. The storage

facility shall test the walls and floors of the container to assure that the welds and the

thickness of the steel plates are sound and strong enough to contain the fertilizer. The

storage facility shall keep a record of the inspection, test results, and any repairs made to

the storage container on file.

(ii) A storage facility shall coat the interior floor and 24 inches up the walls of the

container with an approved liner to inhibit corrosion. The storage facility shall keep a

record of the liner’s compatibility with fertilizer, life expectancy, and installation

procedures on file.

(iii) A storage facility shall conduct an approved test for leaks, liner deterioration, and

metal corrosion at least once every 5 years. The storage

facility shall keep a record of the tests.

(c) The following provisions pertain to alternative procedure 3:

(i) A storage facility shall install approved monitoring devices in angled borings under

each tank. The monitoring devices shall constitute a leak detection system for each

tank that will detect any leak before reaching groundwater.

(ii) A storage facility shall use standard engineering practices and the specific

characteristics of the site to determine the characteristics of the monitoring devices. The

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location of the monitoring devices shall provide the best practical early warning detection

system for tank leakage.

(iii) The department shall approve each monitoring system to be implemented

under this alternative procedure before installation.

(5) A facility that is placed in service after the effective date of this rule shall

immediately comply with this rule. A facility that is in service before the effective date

of this rule has 2 years to comply with this rule, except for containers specified in

subrule (4) of this rule, for which a facility has 5 years to comply with this rule.

History: 1998-2000 AACS.

R 285.641.8 Alternative to diking for storage containers.

Rule 8. (1) An individual storage container that does not have a capacity of more than

3,000 gallons may be contained within a secondary storage container, that is, an

elephant ring, instead of a diked containment area.

(2) A storage facility shall ensure that both the primary storage container and the

elephant ring are fabricated of material that is compatible with each other and with the

fertilizer that is being stored.

(3) A storage facility shall ensure that the height of the elephant ring wall is not more

than 4 feet.

(4) A storage facility shall ensure that the volume that is contained within the

secondary storage walls up to the working height of the elephant ring is sufficient to

contain 110% of the volume that is contained in the primary storage container plus the

volume that is displaced by the footings of any equipment which is placed within the

secondary containment vessel.

(5) A storage facility shall ensure that the elephant ring is free of leaks and structural

defects. A storage facility shall ensure that the base is protected from corrosion, both

from inside and outside, and is underlaid with a concrete pad or with 8 inches of

compacted gravel beneath 4 inches of

compacted sand or clay or is protected as recommended by the manufacturer of the

elephant ring and as approved by the department.

(6) A storage facility shall ensure that all piping connections to the primary storage

container are made over the wall of the elephant ring and are adequately supported and

braced. A storage facility shall ensure that pumps and other fixtures, if located within

the elephant ring containment structure, are placed on an elevated platform or

otherwise protected from water accumulation.

(7) A storage facility shall ensure that accumulations of storm water and other material

are pumped over the wall of the elephant ring by means of a pump within the secondary

container or by means of an exterior portable pump and are disposed of in accordance

with R 285.641.10(2).

(8) A storage facility shall fully comply with the provisions of this rule 2 years after the

effective date of this rule.

History: 1998-2000 AACS.

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R 285.641.9 Operational area containment of liquid fertilizer.

Rule 9. (1) A storage facility shall ensure that operational areas are curbed or sloped

to allow the containment of accumulated liquids. The storage facility shall construct

the area of reinforced concrete or other suitable material approved by the department,

to provide an impermeable surface. A storage facility shall ensure that operational area

activities at the fertilizer storage facility are carried out within this area.

(2) A storage facility shall construct the operational area containment and reinforce

the area to handle at least the foreseeable maximum gross load that could be on the pad.

(3) A storage facility shall comply with all of the following size and capacity

requirements for operational area containments:

(a) A storage facility shall ensure that the operational area containment is a minimum

width of 10 feet and a minimum length of 20 feet.

(b) A storage facility shall ensure that, except as provided in subdivision (c) of

this subrule, curbed surfaces and catch basins are of an adequate size and design to

contain a minimum of 1,500 gallons of discharged liquid.

(c) A storage facility shall ensure that if there are no storage containers that are

used at the storage facility which have a capacity of more than 1,000 gallons, and if

there are no mobile containers that are used to transfer liquid fertilizer to and from

storage containers which have a capacity of more than 1,000 gallons, the curbed

surface and catch basin are of an adequate size and design to contain 110% of the

volume of the largest storage container or the largest mobile container that is used,

whichever is

greater.

(d) The operational area containment capacity may include an aboveground container

for temporary storage if a pump is installed which automatically transfers the contents

of the sump into the container and if the container is located within secondary

containment.

(4) A storage facility shall ensure that any filling or unloading point of a mobile

container is positioned over the paved area during loading or unloading to assure

retention of any discharge.

(5) A storage facility shall ensure that the secondary containment area which is

described in R 285.641.7 can, under the following conditions, be jointly utilized as an

operational containment area instead of a separate operational containment area:

(a) The secondary containment area is not lined with a synthetic or soil liner only.

(b) The storage facility complies with sufficient capacity requirements, R 285.641.7,

and this rule.

(6) A storage facility shall ensure that a storage container and an appurtenance,

including pipes, are protected against reasonably foreseeable risks of damage by trucks

and other moving vehicles that are engaged in the loading or unloading of bulk

fertilizer.

(7) A storage facility shall ensure that loading and unloading operations are supervised

at all times by an attendant who is familiar with the operation of the mechanical

appurtenances in use at the facility and who is familiar with the procedures that are used

for the control and recovery of discharges.

(8) This rule does not apply to a mobile container that is used to nurse field operations

when the mobile container is at a field unloading site.

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(9) Marine vessels and rail cars are exempt from the operational area containment

requirements of this rule if appropriate protective actions are implemented to prevent

uncontained discharges and are in compliance with applicable United States coast

guard and department of transportation regulations.

(10) A facility that is placed in service after the effective date of this rule shall

immediately comply with this rule. A facility that is in service before the effective date

of this rule has 2 years to comply with this rule.

History: 1998-2000 AACS.

R 285.641.9a Alternative to diking for large storage tanks.

Rule 9a. (1) A storage facility may install a bladder system in an individual large

storage tank instead of a diked containment area, provided all of the provisions in this

rule are met.

(2) Before construction and installation, the storage facility shall have written

department approval for the proposed large storage tank and bladder system.

(3) A storage facility shall ensure that the bladder system plans are sealed by a

professional engineer licensed in the state of Michigan.

(4) A storage facility seeking to install a bladder system into a new large storage

tank shall ensure the tank is constructed according to API 650 standards by an authorized

inspector.

(5) A storage facility seeking to install a bladder system in an existing large storage

tank shall ensure the tank is inspected according to API 653 standards by an authorized

inspector with a complete, out-of-service internal and external inspection. The tank

shall be modified to meet API 653 standards before installing the bladder system.

(6) Large storage tanks equipped with a bladder system shall be inspected according to

API 653 standards by an authorized inspector every 5 years after bladder system

installation.

(7) The synthetic liner material used in the bladder system shall comply with the

following provisions:

(a) The synthetic liner shall have a minimum thickness of 30-mils (0.8 millimeter).

(b) The synthetic liner shall be chemically compatible with all materials stored within

it.

(c) The manufacturer of the liner shall provide written confirmation

compatibility and an estimate of the liner life expectancy.

of liner

(d) The synthetic liner shall be installed under the supervision of a qualified

representative of the manufacturer.

(e) The synthetic liner shall be capable of meeting the stresses of normal operations

without disintegrating, delaminating, or otherwise failing.

(8) A storage facility shall comply with the following bladder system installation

requirements:

(a) The bladder system shall be installed to allow access to the space between the

bladder and storage tank wall.

(b) The bladder system shall include a permeable protective geotextile barrier

between the bladder and storage tank wall.

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(c) The bladder system shall be installed under the supervision of a qualified

representative of the manufacturer. All field seams shall be tested and repaired, if

necessary, in accordance with the manufacturer's recommendations.

(d) The tank shall be prepared in accordance with the bladder manufacturer's

specifications.

(e) Following installation, and before filling, the bladder system shall be thoroughly

tested to ensure the system is free of leaks.

(9) A storage facility equipped with a bladder system shall have the bladder

inspected within 2 years after the initial installation and, if no failure indications are

found, at 5-year intervals thereafter.

(10) The large storage tank and bladder system shall be constructed and equipped

with the following devices:

(a) A functioning automatic active liquid level-monitoring device.

This overfill

protection device shall notify the operator before the bladder is filled beyond its

capacity by 1 or both of the following mechanisms:

(i) Automatic pump shut-off.

(ii) Audible alarm.

(b) A continuously working automatic liquid level monitoring and alarm system that

will detect leaks from the storage tank.

(c) A leak detection system constructed under the synthetic liner that will detect leaks

from the bladder system and allow full recovery of any liquid extracted from the

effluent ports.

(11) Appurtenances connected to the large storage tank shall be maintained

as follows:

(a) All external appurtenances, including pumps and leak detection ports, shall be

encased or enclosed to contain any leaks and secured when not in use.

(b) All appurtenances that extend through both the storage tank and bladder

system, not including manways, shall be equipped with a valve that meets both of the

following requirements:

(i) The valve shall be enclosed within a structural steel containment box capable of

withstanding the maximum head pressure of the bladder system and be equipped with a

leak detection device or system.

(ii) The valve shall be secured against wildlife, vandalism, and unauthorized

access at all times.

(c) The facility shall ensure that the storage tank, bladder system, and appurtenances,

including pipes, are protected against reasonably foreseeable risks of damage by trucks

and other moving vehicles.

(12) Inspection and maintenance records shall be maintained as follows:

(a) The storage tank, bladder system, and appurtenances shall be visually inspected

daily during use, and at least monthly when not in use. The results of the inspection

shall be recorded and shall be made available to the department during normal business

hours.

(b) Inspection and maintenance records for the large storage tank, bladder system,

and leak detection systems shall be maintained at the facility.

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(c) The facility shall sample any effluent collected at the monitoring ports and

analyze samples for fertilizer content on a quarterly basis.Results of any analysis with

fertilizer content shall be reported to the department immediately.

(13) If a spill, discharge, overfill, or tank failure occurs, then the following applies:

(a) The operator shall report all discharges, overfills, and internal spills to the

department immediately upon discovery.

(b) If a leak or other failure of the bladder system occurs, then the storage tank shall

be emptied within 30 days.

(c) The affected areas of the bladder, bladder protection layer, and interior of the

storage tank shall be thoroughly cleaned, repaired, and inspected before the storage

tank and bladder system are again placed into service.

History: 2006 AACS.

R 285.641.10 Containment area management and operation.

Rule 10. (1) If a secondary containment area is in use, then a storage facility shall

manage accumulated precipitation, spills, or leaks within the containment area as

follows:

(a) Remove accumulated liquids by a manually activated pump. Automatic pumps

that have float switches are prohibited.

(b) Promptly recover accumulated liquids, discharges, or spills from containment

areas.

(c) For accumulated liquids that do not contain any fertilizer, a storage facility may

discharge liquids from containment areas as surface runoff, but shall not discharge the

liquids directly into any surface water, waterway, storm drain, or field tile.

(d) For accumulated liquids that may contain fertilizer, a storage facility shall remove

liquids from containment areas and may apply the liquids at agronomic rates to sites

where the fertilizer can be utilized as intended.

(e) In the event of a spill within a containment area and following collection and

recovery of the fertilizer containing liquids, a storage facility shall clean the area in

accordance with subrule (2) of this rule before resuming the management practice of

discharging accumulated liquids that do not contain fertilizer as surface runoff.

(2) A storage facility shall clean nonearthen containment areas as follows:

(a) Wash the area using clean water.

(b) Double rinse the area using clean water.

(c) Remove all rinsate that is generated by the containment area cleaning process.

(3) A storage facility shall promptly remediate earthen dikes if there is a spill or leak,

which may require the removal of the soil in the containment area. A storage facility

shall carry out soil remediation in accordance with department directives.

(4) A facility that is placed in service after the effective date of this rule shall

immediately comply with this rule. A facility that is in service before the effective date

of this rule and that has completed secondary or operational containment areas shall

immediately comply with this rule. A facility that is in service before the effective

date of this rule shall immediately comply with this rule upon completion of secondary

or operational containment areas in compliance with R 285.641.7, R 285.641.8, or R

285.641.9.

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History: 1998-2000 AACS.

R 285.641.11 Abandoned containers.

Rule 11. (1) Storage containers and other containers that are used at a storage facility

to hold bulk fertilizer or fertilizer rinsates are considered abandoned if they have

been out of service for more than 6 months because of a weakness or leak or have been

out of service for any reason for more than 2 years.

(2) A storage facility shall thoroughly clean abandoned containers by double rinsing.

(3) A storage facility shall fully comply with the provisions of this rule 90 days after

the effective date of this rule.

History: 1998-2000 AACS.

R 285.641.12 Site closure and discontinuation of operation.

Rule 12. (1) If a bulk fertilizer storage facility is closed or operations are

discontinued, then both of the following provisions shall be complied with:

(a) A storage facility shall remove all fertilizers, rinsates, washwaters, and other

materials that contain fertilizers from the facility site and utilize them for the original

intended purpose of the product or dispose of them in a manner approved by the

department.

(b) A storage facility shall thoroughly clean the storage containers at the facility by

double rinsing or the equivalent.

(2) A storage facility shall fully comply with the provisions of this rule 90 days after

the effective date of this rule.

History: 1998-2000 AACS.

R 285.641.13 Storage of bulk dry fertilizer.

Rule 13. (1) A storage facility shall store and handle dry fertilizer materials in a

manner to prevent contamination by minimizing losses to the air, surface water,

groundwater, or subsoil.

(2) A storage facility shall store nonfluid fertilizers inside a sound structure or device

that has a cover or roof top, sidewalls, and a base sufficient to prevent contact with

precipitation and surface waters. If bulk dry fertilizer is stored outdoors, the storage

facility shall place the dry fertilizer on a ground cover that is sufficiently impermeable

to prevent seepage or runoff and shall completely cover the dry fertilizer with a

tarpaulin or other suitable covering to prevent contact with precipitation and surface

water.

(3) A storage facility shall conduct all loading, unloading, mixing, and handling of dry

fertilizer at the storage facility on a paved impermeable surface of a size and design

that will contain the fertilizer and allow for the collection of spilled material to be

recycled, applied at agronomic rates, or disposed of in a manner approved by the

department.

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(4) A storage facility shall use containment devices, structures, or techniques to

minimize the emission of dust and vapors beyond the facility boundaries.

(5) A facility that is placed in service after the effective date of this rule shall

immediately comply with this rule. A facility that is in service before the effective date

of this rule has 2 years to comply with this rule.

History: 1998-2000 AACS.

R 285.641.14 Discharge response plan.

Rule 14. (1) An operator of a storage facility shall prepare a written discharge

response plan for the storage facility. The plan shall include all of the following

information:

(a) The identities and telephone numbers of the persons or agencies that are to be

contacted in the event of a discharge, including the persons who are responsible for the

stored fertilizer.

(b) For each bulk fertilizer that is stored at the facility, a complete copy of the storage

container labeling that is required by this rule and the labeling required by Part 85 of Act

No. 451 of the Public Acts of 1994, as amended, being §324.8501 et seq. of the

Michigan Compiled Laws, to accompany the sale of the fertilizer.

(c) An identification, by location, of every bulk storage container that is located at the

bulk storage facility together with the type of fertilizer it contains. The plan need not

include the specific location of each mobile fertilizer container if the plan includes the

general location within the facility where the containers are held.

(d) For each type of bulk fertilizer that is stored at the facility, the procedures to be

used in controlling and recovering, or otherwise responding to, a discharge or spill.

(e) The procedures to be followed in using or disposing of a recovered discharge or

spill.

(2) An operator shall keep the plan current and readily available and shall inform the

local fire and police departments of the existence of the plan.

(3) The owner or manager of the bulk fertilizer storage facility shall conduct

emergency and discharge response training for all new and existing employees of the

facility annually before the beginning of the fertilizer use season. New employees shall

receive training within 30 days of employment.A firm's owner, manager, and employees

are responsible for following the firm's emergency and discharge response plan

procedures.

(4) Every storage facility shall have an appropriate spill kit readily available in the

event of a discharge or spill.

(5) A storage facility shall immediately report any discharges to the environment to

the department at 1-800-405-0101, which is available 24 hours a day.

(6) A storage facility shall fully comply with this rule on the effective date of this rule.

History: 1998-2000 AACS.

R 285.641.15 Inspection and maintenance requirements.

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Rule 15. (1) An operator of a storage facility shall maintain the facility to

minimize the risk of a discharge.

(2) An operator of a storage facility shall visually inspect the facility at least monthly

while the facility is being utilized for the storage of bulk fertilizer.

(3) A storage facility shall maintain all secondary containment and operational

areas free of debris and foreign matter.

(4) A storage facility shall make a written record of all inspections and maintenance on

the day of the inspection or maintenance. A storage facility shall keep the record on file

at the storage facility or at the nearest local office from which the storage facility is

administered.

(5) A storage facility shall fully comply with the provisions of this rule on the effective

date of this rule.

History: 1998-2000 AACS.

R 285.641.16 Recordkeeping requirements.

Rule 16. (1) A storage facility shall prepare, maintain, and keep readily available all of

the following records for a period of not less than 3 years at every storage facility or at

the nearest local office from which the storage facility is administered:

(a) A record of all discharges to the environment or spills within containment areas

at the storage facility.

(b) An inventory reconciliation for each storage container at facilities that utilize

earthen dikes and soil liners. When facilities are in use for storage, a storage facility

shall conduct an inventory reconciliation at least once every 3 months to compare

the measured level in a storage container against shipments in and out of the container.

(c) Inspection and maintenance records.

(d) Facility site plan information required under R 285.641.2(1) and (2).

(2) A storage facility shall fully comply with this rule on the effective date of this rule.

History: 1998-2000 AACS.

R 285.641.17 Remediation actions.

Rule 17. (1) If a discharge to the environment is reported or it is determined that a

discharge to the environment has occurred, then an operator shall comply with both of the

following provisions:

(a) Remove contaminated materials from the site, determine the concentration

of fertilizer, and field-apply at or below agronomic rates or properly dispose of the

contaminated material according to department directives.

(b) If the facility operator decides to close the facility as a result of a contamination

notification, then the facility shall be closed in accordance with R 285.641.12.

(2) A storage facility shall fully comply with rule on the effective date of this rule.

History: 1998-2000 AACS.

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R 285.641.18 Advisory information.

Rule 18. (1) The information specified in this rule is offered by the department with

respect to other state agencies and their policies and regulations that may have an

impact on bulk storage facilities.

(2) All the following provisions apply to the pollution incident prevention plan

(PIPP) requirements:

(a) A person who operates a bulk storage facility is advised that the department of

environmental quality may require the submittal of a plan of loss prevention and

recovery depending upon the type of material being processed or stored.

(b) A storage facility may submit the registration application, discharge response plan,

and facility site plans required by R 285.640.2 as a PIPP plan to the department of

environmental quality. The department of environmental quality may determine that the

information meets all, or only a portion of, the requirements for the PIPP plan.

(c) The provisions of R 323.1151 to R 323.1169 of the water resources commission

promulgated under Act No. 245 of the Public Acts of 1929, as amended, being §323.1

et seq. of the Michigan Compiled Laws, require that a pollution incident prevention plan

be submitted for approval to the district

office of the department of natural resources, waste management division. Copies of Act

245 of the Public Acts of 1929, other pertinent rules, district office locations, and

requirements for the PIPP plans are available from the Michigan Department of

Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing,

Michigan 48909.

(3) Both of the following provisions apply to national pollution discharge elimination

system (NPDES) storm water permit requirements:

(a) A person who operates a bulk storage facility is advised that the department of

environmental quality may require a storm water permit to be obtained dependent upon

the type of standard industrial classification (SIC) code that the facility falls within.

(b) Copies of pertinent rules, district office locations, and requirements for the NPDES

storm water permit are available from the Michigan Department of Environmental

Quality, Surface Water Quality Division, P.O. Box 30273, Lansing, Michigan 48909.

(4) Both of the following provisions apply to bulk storage facility designs:

(a) A person who operates a bulk storage facility is advised that the department,

upon issuing a facility registration, is not liable for the structural integrity of the

storage facility.

(b) It is recommended that a person who operates a bulk storage facility consult with a

licensed professional engineer for designs and construction specifications for the

modification or construction of a bulk storage facility to meet the requirements of

these rules.

History: 1998-2000 AACS.

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