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.  
(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.  
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(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.  
(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.  
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(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. "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.  
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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.  
(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.  
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(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.  
(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:  
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(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 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.  
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(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 a container that is located underground.  
(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.  
(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.  
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(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.  
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.  
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(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.  
(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.  
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(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.  
(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.  
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(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  
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.  
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(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.  
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.  
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(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.  
(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.  
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(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 of liner compatibility  
and an estimate of the liner life expectancy.  
(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.  
(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.  
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(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.  
(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.  
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(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.  
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.  
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(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.  
(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.  
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(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.  
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.  
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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.  
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:  
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(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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;