DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
BUREAU OF FIRE SERVICES  
UNDERGROUND STORAGE TANK REGULATIONS  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 21106 of 1994 PA 451, MCL 324.21106, and Executive Reorganization  
Order Numbers 1995-16, 1998-2, 2009-31, 2011-1, and 2012-7, MCL 324.99903,  
29.461, 324.99919, 324. 99921, and 29.462.)  
R 29.2101 Adoption of standards by reference.  
Rule 1. The provisions of 40 C.F.R. part 280, subparts A to K, (2015), entitled  
"Technical Standards and Corrective Action Requirements for Owners and Operators of  
Underground Storage Tanks," as amended by 54 F.R. November 9, 1989, pages 47081 to  
47092, and as amended by 58 F.R. February 18, 1993, pages 9050 to 9059, and as  
amended by 135 F.R. July 15, 2015, pages 41623 to 41669 are adopted by reference in  
these rules. Copies of the adopted regulations may be obtained from the Superintendent  
of Documents, U.S. Government Printing Office, Washington, DC 20402, 202-512-1800  
or online at www.bookstore.gpo, at a cost as of the time of adoption of these rules of  
$56.00, or a copy can be obtained online without cost at https:\\www.ecfr.gov.  
History: 1998-2000 AACS; 2008 AACS; 2018 AACS.  
AMENDMENTS TO ADOPTED FEDERAL REGULATIONS  
SUBPART A. PROGRAM SCOPE AND INTERIM PROHIBITION  
R 29.2103 Applicability.  
Rule 3. Sections 280.10 is amended to read as follows:  
Section 280.10. (a) The requirements of these rules apply to all owners and  
operators of a UST system as defined in section 280.12, except as otherwise provided in  
subsection (c) of this section.  
(1) Previously deferred UST systems. Airport hydrant fuel distribution systems,  
UST systems with field-constructed tanks, and UST systems that store fuel solely for use  
by emergency power generators shall meet the following requirements as applicable:  
(i) Airport hydrant fuel distribution systems and UST systems with field-  
constructed tanks shall meet the requirements in subpart K.  
(ii) UST systems that store fuel solely for use by emergency power generators  
installed on or before October 13, 2015 shall meet the subpart D requirements on or  
before October 13, 2018.  
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(iii) UST systems that store fuel solely for use by emergency power generators  
installed after October 13, 2015 shall meet all applicable requirements of these rules at  
installation.  
(2) Any UST system listed in subsection c of this section shall meet the  
requirements of section 280.11.  
(b) Deleted.  
(c) Partial exclusions. Subparts B, C, D, E, G, J, and K do not apply to any of the  
following types of UST systems:  
(1) A wastewater treatment tank system not covered under definition of  
underground storage tank.  
(2) Any UST system that contains radioactive material and which is regulated  
under the provisions of the atomic energy act of 1954, as amended, 42 U.S.C.  
§2011 et seq.  
(3) Any UST system that is part of an emergency generator system at nuclear  
power generation facilities licensed by the nuclear regulatory commission and subject to  
nuclear regulatory commission requirements regarding design and quality criteria,  
including but not limited to 10 C.F.R. part 50.  
(4) Aboveground storage tanks associated with either of the following:  
(i) Airport hydrant fuel distribution systems regulated under subpart K.  
(ii) UST systems that have field-constructed tanks regulated under subpart K.  
(d) Prohibitions.  
(1) Upon notification by the implementing agency, a person shall not deliver a  
regulated substance into any UST system if the system is not in compliance with these  
rules. Such notification may include verbal or written communication or an affixed  
written notification on the UST system.  
(2) A person shall not tamper with, remove, or disregard written notification  
affixed to the UST system.  
(3) Any UST system or practice that is not in compliance with these rules shall be  
considered to be in violation of these rules.  
(4) An owner and operator shall not continue to use an UST system that is causing  
a release. If the release is from the piping, then the piping shall be emptied of any liquid  
product until repaired and tested or replaced. If the release is from the tank, or if the  
origin of the release cannot be determined, then the UST system shall be expeditiously  
emptied of all liquid product until repaired and tested or replaced.  
(e) An implementing agency may order, at the expense of the owner, a tightness  
test of a UST system in accordance with the provisions of subsections 280.43(c) and  
280.44(b), the installation of dry well test holes, or the emptying of a UST system in  
accordance with the provisions of section 280.71 when there is reason to believe that the  
UST system is releasing a regulated substance.  
(f) A person may request a variation of the application of a rule by applying to the  
department with a satisfactory explanation of why compliance is not possible, and stating  
what equivalent safety factors will be used instead of the rule. If the requested variation  
involves a substantive rule as opposed to a procedural rule, such as time deadlines, then  
the department shall notify affected state and local agencies of the nature of, and the  
reasons for, the request and consider any input provided within 10 days of receipt of the  
notice by affected state and local agencies. The department may make a variation upon  
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finding that the variation does not result in an increased hazard to life, property, or the  
environment. The findings must be transmitted to the person requesting the variation and  
must be maintained at the facility.  
(1) Within 45 days of receiving a request for variance of section 280.35, the  
department may grant a variance to any person requesting to extend the compliance  
deadline for completion of integrity testing, as required under Section 280.35, of existing  
spill prevention equipment and containment sumps used for interstitial monitoring at all  
systems that they are responsible for under this section, not to exceed October 13, 2021.  
Existing spill prevention equipment and containment sumps are those installed prior to  
April 11, 2016.  
(2) As an equivalent measure for purposes of granting the variance, the requestor shall  
inspect all spill prevention equipment and containment sumps used for interstitial  
monitoring included under the variance as part of their normal inspections as required by  
these rules. Equivalent measures may be ceased for spill prevention equipment and  
containment sumps for which integrity testing has been completed.  
(3) The variance request shall include a written plan that the requestor will implement  
by October 13, 2021 to insure completion of integrity testing at all systems that the  
requestor is responsible for.  
(g) A person aggrieved by a final decision of the department on a request for  
variance may appeal to the circuit court within 21 days of the decision.  
(h) All UST systems shall comply with R 29.5601 to R 29.5605 and R 29.5651 to  
R 29.5917. These rules shall supersede any conflicting provision of R 29.5601 to  
R 29.5605 and R 29.5651 to R 29.5917.  
(i) UST systems installed on or before the effective date of these amendatory rules  
in accordance with the provisions of R 29.2101 to R 29.2169 then in effect are deemed to  
be in compliance with these amendatory rules. Where specified, the provisions of these  
rules are retroactive.  
History: 1998-2000 AACS; 2008 AACS; 2018 AACS.  
R 29.2105 Installation requirements for partially excluded UST systems.  
Rule 5. Section 280.11 is amended to read as adopted from the July 15, 2015,  
EPA-UST rules as follows:  
Section 280.11. (a) No person may install an UST system listed in  
subdivisions 280.10(c)(1), (2), or (3) for the purpose of storing regulated substances  
unless the UST system:  
(1) Will prevent releases due to corrosion or structural failure for the operational life  
of the UST system;  
(2) Is cathodically protected against corrosion, constructed of noncorrodible material,  
steel clad with a noncorrodible material, or designed in a manner to prevent the release or  
threatened release of any stored substance; and  
(3) Is constructed or lined with material that is compatible with the stored substance.  
(b) Not withstanding paragraph (a) of this section, an owner or operator may install an  
UST system without corrosion protection at a site that is determined by a corrosion expert  
not to be corrosive enough to cause it to have a release due to corrosion during its  
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operating life. Owners and operators shall maintain records that demonstrate compliance  
with the requirements of this paragraph for the remaining life of the tank.  
History: 1990 AACS; 2018 AACS.  
R 29.2107 Definitions.  
Rule 7. Section 280.12 is amended to read as follows:  
Section 280.12. Definitions.  
"Aboveground release" means any release to the surface of the land or to surface  
water. This includes, but is not limited to, releases from the aboveground portion of an  
UST system and aboveground releases associated with overfills and transfer operations as  
the regulated substance moves to or from an UST system.  
"Active UST system" means an UST system that has been in use within the past  
12 months.  
"Ancillary equipment" means any devices including, but not limited to, such  
devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control  
the flow of regulated substances to and from an UST.  
"Approved" means acceptable to the department, unless specifically indicated  
otherwise in the rule.  
"Belowground release" means any release to the subsurface of the land or to  
groundwater. This includes releases such as those from the belowground portions of an  
UST system and belowground releases associated with overfills and transfer operations  
as the regulated substance moves to or from an UST.  
"Beneath the surface of the ground" means beneath the ground surface or  
otherwise covered with earthen materials.  
"Cathodic protection" is a technique to prevent the corrosion of a metal surface by  
making that surface the cathode of an electrochemical cell. For example, a tank system  
can be cathodically protected through the application of either galvanic anodes or  
impressed current.  
"Cathodic protection tester" means a person who can demonstrate an  
understanding of the principles and measurements of all common types of cathodic  
protection systems as applied to buried or submerged metal piping and tank systems and  
who has education and experience in soil resistivity, stray current, structure-to-soil  
potential, and component electrical isolation measurements of buried metal piping and  
tank systems. The person shall be certificated as being qualified by the national  
association of corrosion engineers (NACE) international, steel tank institute (STI), or any  
other organization that is acceptable to the department.  
"CERCLA" means the comprehensive environmental response, compensation, and  
liability act of 1980, as amended, 42 U.S.C. section 9601 et seq.  
"Class A operator" means either the O/O as defined in these rules or legal designee  
and has primary responsibility to operate and maintain the UST system. The class A  
operator typically manages resources and personnel, such as establishing work  
assignments, to achieve and maintain compliance with regulatory requirements.  
"Class B operator" means an individual, or individuals, who has day-to-day  
responsibility for implementing applicable regulatory requirements established by the  
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department. The class B operator typically implements in-field aspects of operation,  
maintenance, and recordkeeping for USTs at 1 or more facilities.  
"Class C operator" means an individual responsible for responding to alarms or  
other indications of emergencies caused by spills, releases, overfills, and other emergency  
conditions associated with an UST system. The class C operator typically controls or  
monitors the dispensing or sale of regulated substances. A "class C operator” is not  
considered a "designated class B operator" as defined in these rules, although the same  
individual may hold both positions.  
"Compatible" means the ability of 2 or more substances to maintain their  
respective physical and chemical properties upon contact with one another for the design  
life of the tank system under conditions likely to be encountered in the UST.  
"Connected piping" means all underground piping, including valves, fittings,  
joints, flanges, and flexible connectors attached to a tank system, through which  
regulated substances flow. For determining how much piping is connected to any  
individual UST system, the piping that joins 2 UST systems must be allocated equally  
between the systems.  
"Consumptive use," with respect to heating oil, means consumed on the premises.  
“Containment sump” means a liquid-tight container that protects the environment  
by containing leaks and spills of regulated substances from piping, dispensers, pumps and  
related components in the containment area. Containment sumps may be single walled or  
secondarily contained and located at the top of tank (tank top or submersible turbine  
pump sump), underneath the dispenser (under-dispenser containment sump), or at other  
points in the piping run (transition or intermediate sump).  
"Corrosion expert" means a person who, by reason of thorough knowledge of the  
physical sciences and the principles of engineering and mathematics acquired by a  
professional education and related practical experience, is qualified to engage in the  
practice of corrosion control on buried or submerged metal piping systems and metal  
tanks. The person shall be certificated as being qualified by the NACE international as a  
senior corrosion technologist, a cathodic protection specialist, or a corrosion specialist or  
be a registered professional engineer who has certification or licensing that includes  
education and experience in corrosion control of buried or submerged metal piping  
systems and metal tanks.  
"Deminimis concentration" An UST meets the requirements of exclusion (o) for  
deminimis concentration of regulated substances, under the definition of "UST system,"  
if both of the following conditions are met:  
(a) The concentration of a regulated substance in an UST system, when mixed  
with a nonregulated substance, is less than 110 gallons of regulated substance when the  
storage tank is full.  
(b) The UST system, of any size or capacity, contains less than the reportable  
quantity of hazardous substance or substances in the product stored, as identified in the  
United States environmental protection agency table 302.4 list of hazardous substances  
and reportable quantities, when the storage tank is full.  
"Deminimis quantity" means that the total quantity of a hazardous substance  
mixed with petroleum in a full UST is less than the reportable quantity for the substance  
as specified on the CERCLA list. This does not apply to motor fuel additives and blends  
that are added at the refinery or shipped via pipeline with the finished product, or both.  
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"Department" means the department of licensing and regulatory affairs, bureau of  
fire services.  
"Dielectric material" means a material that does not conduct direct electrical  
current. Dielectric coatings are used to electrically isolate UST systems from the  
surrounding soils. Dielectric fittings are used to electrically isolate portions of the UST  
system, for example, the tank from piping.  
"Director" means the director of the department.  
“Dispenser” means equipment located aboveground that dispenses regulated  
substances from the UST system.  
“Dispenser system” means the dispenser and the equipment necessary to connect  
the dispenser to the UST system.  
"Dispenser system replacement" means to remove an existing dispenser and the  
equipment necessary to connect the dispenser to the UST system and install a new  
dispenser and the equipment necessary to connect the dispenser to the UST system. This  
equipment includes the following:  
(a) Flexible connectors.  
(b) Risers.  
(c) Check valves, shear valves, and unburied risers.  
(d) Other transitional components that are beneath the dispenser and connect the  
dispenser to the piping.  
"Electrical equipment" means underground equipment that contains dielectric fluid  
that is necessary for the operation of equipment such as transformers and buried electrical  
cable.  
"Excavation zone" means the volume containing the tank system and backfill  
materials bounded by the ground surface, walls, and floor of the pit and trenches into  
which the UST system is placed at the time of installation.  
"Existing tank system" means a tank system used to contain an accumulation of  
regulated substances or for which installation is considered to have commenced if the  
O/O has obtained all federal, state, and local approvals or permits necessary to begin  
physical construction of the site or installation of the tank system and either a continuous  
on-site physical construction or installation program has begun or the O/O has entered  
into contractual obligations - that cannot be canceled or modified without substantial loss.  
These obligations include the physical construction at the site or installation of the tank  
system to be completed within a reasonable time.  
"Farm tank" means a tank located on a tract of land devoted to the production of  
crops or raising animals, including fish, and associated residences and improvements. A  
farm tank must be located on the farm property. "Farm" includes fish hatcheries,  
rangeland, and nurseries that have growing operations.  
"Field-constructed tank" means a tank that is constructed on-site.  
"Flow-through process tank" means a tank that forms an integral part of a  
production process through which there is a steady, variable, recurring, or intermittent  
flow of materials during the operation of the process and the tank is utilized to carry out  
or control the heating, cooling, mixing, blending, separating, metering, or chemical action  
of materials. The processing is done on a regular basis and it is the primary function of  
the tank. Flow-through process tanks do not include tanks used for the storage of  
materials before their introduction into the production process or for the storage of  
Page 6  
finished products or by-products from the production process or tanks that are only used  
to recirculate materials.  
"Gathering lines" means any pipeline, equipment, facility, or building used in the  
transportation of oil or gas during oil or gas production or gathering operations.  
"Hazardous substance UST system" means an UST system that contains a  
hazardous substance defined in section 101(14) of the comprehensive environmental  
response compensation and liability act of 1980, 42 U.S.C. 9601, (but not including any  
substance regulated as a hazardous waste under subtitle C) or any mixture of such  
substances and petroleum, unless the mixture is a petroleum product.  
"Heating oil" means petroleum that is no. 1, no. 2, no. 4-light, no. 4-heavy,  
no. 5-light, no. 5-heavy, and no. 6 technical grades of fuel oil; other residual fuel oils,  
including navy special fuel oil and bunker C; and other fuels when used as substitutes for  
1 of these fuel oils. Heating oil is typically used in the operation of heating equipment,  
boilers, or furnaces.  
"Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop  
mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators,  
and other similar devices.  
"Implementing agency" means the department of licensing and regulatory affairs,  
bureau of fire services, by section 21106 of 1994 PA 451, MCL 324.21106, or a local  
unit of government delegated authority under part 211 of 1994 PA 451, MCL 324.21101  
to 324.21113.  
"Integral secondary containment system" means a tank or piping system that has  
the primary containment tank or piping system fully jacketed by an external, 360-degree,  
unbonded, nonmetallic material, that provides for external corrosion protection, liquid  
interstitial space communication and monitoring, and product compatibility to contain a  
release from the primary containment tank or piping system. The jacketing material for  
the tank must be a minimum of 100 mils in thickness. The integral secondary  
containment system must be acceptable to the department.  
"In use" means that an UST or UST system contains more than 2.5 centimeters  
(1 inch) of a regulated substance.  
"Liquid trap" means sumps, well cellars, and other traps used in association with  
oil and gas production, gathering, and extraction operations, including gas production  
plants, for the purpose of collecting oil, water, and other liquids. These liquid traps may  
temporarily collect liquids for subsequent disposition or reinjection into a production or  
pipeline stream or may collect and separate liquids from a gas stream.  
"Local unit of government" means a city, village, township, county, or  
governmental authority or any combination of cities, villages, townships, counties, or  
governmental authorities.  
"Maintenance" means the normal operational upkeep to prevent an UST system  
from releasing product.  
"Motor fuel" means a complex blend of hydrocarbons typically used in the  
operation of a motor engine, such as motor gasoline, aviation gasoline, no. 1 or no. 2  
diesel fuel, or any blend containing 1 or more of these substances (for example: motor  
gasoline blended with alcohol).  
Page 7  
“NAPL” means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution  
composed of 1 or more organic compounds that are immiscible or sparingly soluble in  
water.  
"New tank system" means a tank system that will be used to contain an  
accumulation of regulated substances and for which installation has commenced after  
December 22, 1988. See also "existing tank system."  
"Noncommercial purposes," with respect to motor fuel, means, not for resale.  
"On the premises where stored," with respect to heating oil, means UST systems  
located on the same property where the stored heating oil is used.  
"Operational life" means the period beginning when installation of the tank system  
has commenced until the time the tank system is permanently closed under subpart G.  
"Operator" means a person who is presently, or was at the time of a release, in  
control of, or responsible for, the operation of an UST system.  
"Out of service" is defined the same as "out of use".  
"Out of use" means that an UST system is not in use. (See definition of "in use").  
The system must be reported as either temporarily closed or permanently closed.  
"Overfill release" means a release that occurs when a tank is filled beyond its  
capacity and results in a discharge of the regulated substance into the environment.  
"Owner" means a person who holds, or at the time of a release held, a legal,  
equitable, or possessory interest of any kind in an UST system or in the property on  
which an UST system is located, such as, a trust, vendor, vendee, lessor, or lessee.  
However, "owner" does not include a person or a regulated financial institution acting in  
a fiduciary capacity that, without participating in the management of an UST system and  
without being otherwise engaged in petroleum production, refining, or marketing relating  
to the UST system, holds indicative of ownership primarily to protect the person's or the  
regulated financial institution's security interest in the UST system or the property on  
which it is located or to implement the terms of a trust agreement.  
"O/O" means owner and/or operator.  
"Person" means any of the following:  
(a) An individual.  
(b) A partnership.  
(c) A joint venture.  
(d) A trust.  
(e) A firm.  
(f) A joint stock company.  
(g) A corporation, including a government corporation.  
(h) An association.  
(i) A local unit of government.  
(j) A commission.  
(k) The state.  
(l) A political subdivision of a state.  
(m) An interstate body.  
(n) The federal government.  
(o) A political subdivision of the federal government.  
(p) Any other legal entity.  
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"Petroleum UST system" means an UST system that contains petroleum or a  
mixture of petroleum that has additives and deminimis quantities of other regulated  
substances. The systems include those containing any of the following:  
(a) Motor fuels.  
(b) Jet fuels.  
(c) Distillate fuel oils.  
(d) Residual fuel oils.  
(e) Lubricants.  
(f) Used oils.  
(g) Petroleum solvents.  
"Pipe" or "piping" means a hollow cylinder or tubular conduit that is constructed  
of nonearthen materials that routinely contains and conveys regulated substances from  
the tank or tanks to the dispenser or dispensers or other end use equipment and includes  
connected piping. Piping does not include any of the following:  
(a) Vent pipe.  
(b) Vapor recovery lines.  
(c) Fill lines that are not remote fill lines and that do not routinely contain  
regulated substances.  
"Piping replacement" means to remove, and install as new more than 50% of  
piping connected to a single underground tank.  
"Pipeline facilities," including gathering lines, means new and existing pipe  
rights-of-way and any associated equipment, facilities, or buildings.  
"Public water supply" has the same meaning as defined in 1976 PA 399,  
MCL 325.1001 to 325.1023, and rules promulgated under that act.  
"Regulated substance" means either of the following:  
(a) A substance defined in section 101(14) of title I of the comprehensive  
environmental response, compensation and liability act of 1980, Public Law 96-510,  
42 U.S.C. section 9601 et seq., but not including a substance regulated as a hazardous  
waste under subtitle C of the solid waste disposal act of 1965, title II of Public  
Law 89-272, as amended, 42 U.S.C. section 6921 to section 6931 and section 6933 to  
section 6939b.  
(b) Petroleum, including crude oil or any fraction of crude oil that is liquid at  
standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds  
per square inch absolute). Petroleum includes mixtures of petroleum that have deminimis  
quantities of other regulated substances and also includes petroleum-based substances  
comprised of a complex blend of hydrocarbons derived from crude oil through processes  
of separation, conversion, upgrading, or finishing, such as any of the following:  
(1) Motor fuels.  
(2) Jet fuels.  
(3) Distillate fuel oils.  
(4) Residual fuel oils.  
(5) Lubricants.  
(6) Petroleum solvents.  
(7) Used oils.  
"Release" means any spilling, leaking, emitting, discharging, escaping, leaching,  
or disposing from an UST into groundwater, surface water, or subsurface soils.  
Page 9  
"Release detection" means determining whether a release of a regulated substance  
has occurred from the UST system into the environment or a leak has occurred into the  
interstitial space between the UST system and its secondary barrier or secondary  
containment around it.  
"Repair" means to restore a tank or UST system component to proper operating  
condition, such as a tank, pipe, spill prevention equipment, overfill prevention equipment,  
corrosion protection equipment, release detection equipment or other UST system  
component that has caused a release of product from the UST system or has failed to  
function properly. Repairs that involve the replacement of more than 50% of the length  
of any underground piping between the tank and the dispenser at any 1 time must be  
considered a replacement of the underground piping and must meet the requirements of  
the new UST system underground piping in subsection 280.20(b).  
“Replaced” means either of the following:  
(1) For a tank to remove a tank and install another tank.  
(2) For piping to remove 50% or more of piping and install other piping,  
excluding connectors, connected to a single tank. For tanks with multiple piping runs,  
this definition applies independently to each piping run.  
"Residential tank" means a tank located on property used primarily for dwelling  
purposes.  
"SARA" means the superfund amendments and reauthorization act of 1986,  
42 U.S.C. section 9601 et seq. as amended by 1986 Public Law 99-499.  
"Secondary containment," 360-degree integral secondary containment system and,  
for piping, a 360-degree double-walled pipe or a 360-degree integral secondary  
containment system or other method of containment indicated in subsection 280.42(e).  
Secondary containment systems must meet the requirements of subsections 280.42(a),  
(b), and (d). This system has an inner and outer barrier with an interstitial space that is  
monitored for leaks. This term includes containment sumps when used for interstitial  
monitoring of piping.  
"Septic tank" is a watertight covered receptacle designed to receive or process,  
through liquid separation or biological digestion, the sewage discharged from a building  
sewer. The effluent from such receptacle is distributed for disposal through the soil and  
settled solids and scum from the tank are pumped out periodically and hauled to a  
treatment facility.  
"State fire marshal" means fire marshal for the state of Michigan.  
"Storm-water or wastewater collection system" means piping, pumps, conduits,  
and any other equipment necessary to collect and transport the flow of surface water  
runoff resulting from precipitation or domestic, commercial, or industrial wastewater to  
and from retention areas or any areas where treatment is designated to occur. The  
collection of storm water and wastewater does not include treatment, except where  
incidental to conveyance.  
"Surface impoundment" means a natural topographic depression, manmade  
excavation, or diked area formed primarily of earthen materials, although it may be lined  
with man-made materials, that is not an injection well.  
"Tank" means a stationary device designed to contain an accumulation of  
regulated substances and constructed of non-earthen materials, for example, concrete,  
steel, or plastic, that provide structural support.  
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“Training program” means any program that provides information to and evaluates  
the knowledge of a class A, class B, or class C operator through testing, practical  
demonstration, or another approach acceptable to the implementing agency regarding  
requirements for UST systems that meet the requirements of subpart J.  
"Under-dispenser containment (UDC)" means containment underneath a dispenser  
that will prevent leaks from the dispenser and piping within or above the UDC from  
reaching soil or groundwater. Such containment must meet all of the following:  
(a) Be liquid-tight on its sides, bottom, and at any penetrations.  
(b) Be compatible with the substance conveyed by the piping.  
(c) Allow for visual inspection and access to the components in the containment  
system and/or be monitored.  
(d) Prevent the intrusion of surface water.  
"Underground area" means an underground room, such as a basement, cellar,  
shaft, or vault, providing enough space for physical inspection of the exterior of the tank  
situated on or above the surface of the floor.  
"Underground release" means any belowground release.  
"Underground storage tank system" or "UST system" or "tank system" means a  
tank or combination of tanks, including underground pipes connected to the tank or tanks  
or underground ancillary equipment containment systems, if any, which is, was, or may  
have been, used to contain an accumulation of regulated substances and the volume of  
which, including the volume of underground pipes connected to the tank or tanks, is  
10% or more beneath the surface of the ground. An UST system does not include any of  
the following:  
(a) A farm or residential tank that has a capacity of 1,100 gallons or less and that is  
used for storing motor fuel for noncommercial purposes.  
(b) A tank used for storing heating oil for consumptive use on the premises where  
the oil is stored.  
(c) A septic tank.  
(d) A pipeline facility, including gathering lines, regulated under either of the  
following:  
(1) The natural gas pipeline safety act of 1968, Public Law 90-481, as amended,  
49 U.S.C. appendix section 1671 to section 1677, section 1679A to section 1682, and  
section 1683 to section 1687.  
(2) Sections 201 to 215 and 217 of the hazardous liquid pipeline safety act of  
1979, as amended, title II of Public Law 96-129, 49 U.S.C. appendix section 2001.  
(e) A surface impoundment, pit, pond, or lagoon.  
(f) A stormwater or wastewater collection system.  
(g) A flow-through process tank.  
(h) A liquid trap or associated gathering lines directly related to oil or gas  
production and gathering operations.  
(i) A storage tank situated in an underground area, such as a basement, cellar,  
mine, drift, shaft, or tunnel if the storage tank is situated on or above the surface of the  
floor.  
(j) Any pipes connected to a tank that is described in subparagraphs (a) to (i) and  
(k) to (p) of this paragraph.  
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(k) An UST system holding 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. section 6921 to section 6931 and section 6933 to  
section 6939b, or a mixture of the hazardous waste and other regulated substances.  
(l) A wastewater treatment tank system that is part of a wastewater treatment  
facility regulated under the provisions of section 307(b) of title III or section 402 of  
title IV of the federal water pollution control act of 1972, as amended, 33 U.S.C.  
section 1317 and section 342.  
(m) Equipment or machinery that contains regulated substances for operational  
purposes, such as hydraulic lift tanks and electrical equipment tanks.  
(n) An UST system that has a capacity of 110 gallons or less.  
(o) An UST system that contains a deminimis concentration of regulated  
substances. Please see the definition of "deminimis concentration."  
(p) An emergency spill or overflow containment UST system that is emptied  
within 10 days after use.  
"Underground tank" means an UST, except that such term does not include  
underground piping.  
"Upgrade" means the addition or retrofit of some systems, such as cathodic  
protection, lining, or spill and overfill controls, to an existing tank system to improve the  
ability of an UST system to prevent the release of product.  
"Wastewater treatment tank" means a tank that is designed to receive and treat an  
influent wastewater through physical, chemical, or biological methods.  
History: 1998-2000 AACS; 2008 AACS; 2012 AACS; 2018 AACS.  
R 29.2108 Rescinded.  
History: 1998-2000 AACS; 2012 AACS; 2018 AACS.  
SUBPART B. UST SYSTEMS; DESIGN, CONSTRUCTION,  
INSTALLATION, AND NOTIFICATION  
R 29.2109 Performance standards for new UST systems.  
Rule 9. Section 280.20 is amended to read as follows:  
Section 280.20. Performance standards for new UST systems. In order to prevent  
releases due to structural failure, corrosion, or spills and overfills for as long as the UST  
system is used to store regulated substances, all owners and operators of new UST  
systems shall meet the following requirements. In addition, except for suction piping that  
meets the requirements of subparagraphs 280.41(b)(1)(ii)(A) to (E), tanks and piping  
must be secondarily contained and use interstitial monitoring in accordance with  
subsection 280.43(g) of these rules. Secondary containment must be able to contain  
regulated substances leaked from the primary containment until they are detected and  
removed and prevent the release of regulated substances to the environment at any time  
during the operational life of the UST system. For cases where the piping meets the  
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definition of “replaced” in section 280.12, the entire piping run must be secondarily  
contained.  
(a) Tanks. Each tank must meet the definition of secondary containment as defined  
in section 280.12 and must be properly designed and constructed. Any portion of a tank  
that is underground and that routinely contains product must be protected from corrosion  
by 1 of the following:  
(1) The tank must be constructed of fiberglass-reinforced plastic.  
(2) The tank must be constructed of steel and be cathodically protected by all of  
the following:  
(i) The tank must be coated with a suitable dielectric material.  
(ii) Factory-installed or field-installed cathodic protection systems must be  
designed by a corrosion expert.  
(iii) Impressed current systems must be designed to allow a determination of  
current operating status as required in subsection 280.31(c).  
(iv) Cathodic protection systems must be operated and maintained in accordance  
with section 280.31 or according to procedures acceptable to the department.  
(3) The tank must be constructed of a steel-fiberglass-reinforced-plastic  
composite. The fiberglass-reinforced plastic must be a minimum of 100 mils thick.  
(4) The tank is constructed of metal without additional corrosion protection  
measures provided that both of the following requirements are met:  
(i) The tank is installed at a site that is determined by a corrosion expert not to be  
corrosive enough to cause it to have a release due to corrosion during its operating life.  
(ii) Owners and operators maintain records that demonstrate compliance with the  
requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank.  
(5) The department shall determine that the tank construction and corrosion  
protection have been designed to prevent the release or threatened release of any stored  
regulated substance in a manner that is at least as protective of human health and the  
environment as the protections specified in subdivisions(1) to (3) of this subsection.  
(b) Piping. All piping in contact with the ground shall be equipped with secondary  
containment as defined in section 280.12. Any piping that routinely contains regulated  
substances and is in contact with the ground must be properly designed, constructed, and  
protected from corrosion in compliance with 1 of the following provisions:  
(1) The piping must be constructed of fiberglass-reinforced plastic.  
(2) The piping must be constructed of metal and be cathodically protected in the  
following manner:  
(i) The piping must be coated with a suitable dielectric material.  
(ii) Field-installed cathodic protection systems must be designed by a corrosion  
expert.  
(iii) Impressed current systems must be designed to allow a determination of  
current operating status as required in subsection 280.31(c).  
(iv) Cathodic protection systems must be operated and maintained in accordance  
with the provisions of section 280.31 or procedures acceptable to the department.  
(v) Metallic secondary containment underground piping systems must have  
corrosion protection as specified in paragraphs (2)(i) to (iv) of this subdivision.  
(3) The piping is constructed of metal without additional corrosion protection  
measures provided that both of the following requirements are met:  
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