MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

                       WASTE AND HAZARDOUS MATERIALS DIVISION

             STORAGE AND HANDLING OF FLAMMABLE AND COMBUSTIBLE LIQUIDS


(By authority conferred on the Michigan Department of  Environmental  Quality 
by Section 3c of 1941 PA 207, MCL 29.3c.)


                      PART 1.  GENERAL PROVISIONS


R 29.5101  Applicability.
  Rule 101.  These rules apply to the storage and  handling   of    flammable 
and combustible liquids (FL/CL) as specified in parts 2  to  5    of    these 
rules.
Compliance with these rules does not excuse compliance with other  applicable 
state and federal statutes and rules and regulations promulgated thereto.

  History: 2003 AACS.


R 29.5102  Flammable  and  combustible  liquids  (FL/CL)  code;  adoption  by 
reference.
  Rule 102.  The provisions of the  National  Fire   Protection   Association 
(NFPA) pamphlet number 30, 2000 edition, entitled "Flammable and  Combustible 
Liquids (FL/CL) Code," referred to in part 2 of these rules, are  adopted  by 
reference as part of these rules.  Copies of the  adopted   NFPA    30    are 
available  for inspection and distribution  either  at  the  office  of   the 
Department  of Environmental  Quality,  Waste   and    Hazardous    Materials 
Division,  525  West Allegan, Lansing,  Michigan   48933,   or    from    the 
National  Fire  Protection Association (NFPA), 1 Batterymarch  Park,  Quincy, 
Massachusetts, 02269-9101.
The cost of NFPA 30, as of the time of adoption of these rules, is $35.25 per 
copy.

  History: 2003 AACS.


R 29.5103  Code for motor fuel  dispensing  facilities  and  repair  garages; 
adoption by reference.
  Rule 103.  The provisions  of  the  National  Fire  Protection  Association 
(NFPA) pamphlet number 30A, 2000 edition, entitled, "Code  for   Motor   Fuel 
Dispensing Facilities and Repair Garages," referred to in part  3  of   these 
rules,  is adopted by reference in these rules.  Copies  of    the    adopted 
NFPA  30A  are available for inspection  and  distribution  either   at   the 
office  of  the Department of  Environmental  Quality,  Waste  and  Hazardous 
Materials  Division, 525 West  Allegan,  Lansing,  Michigan  48933,  or  from
 the  National  Fire Protection Association (NFPA), 1   Batterymarch    Park, 
Quincy,  Massachusetts, 02269-9101.  The cost of NFPA 30A, as of the time  of 
adoption of these rules, is $26.75 per copy.

  History: 2003 AACS.


R 29.5104  Standard for installation of oil-burning  equipment;  adoption  by 
reference.
  Rule 104.  The provisions  of  the  National  Fire  Protection  Association 
(NFPA)  pamphlet  number  31,  2001  edition,  entitled  "Standard  for   the 
Installation  of Oil-Burning Equipment," referred  to  in  part  4  of  these 
rules, are adopted  by reference in these rules.  Copies of the adopted  NFPA 
31  are  available  for inspection and distribution  either  at  the   office 
of  the   Department   of  Environmental  Quality,  Waste    and    Hazardous 
Materials  Division,  525  West Allegan, Lansing, Michigan  48933,  or   from 
the  National  Fire  Protection  Association  (NFPA),  1  Batterymarch  Park, 
Quincy, Massachusetts, 02269-9101.
The cost of NFPA 31, as of the time of adoption of these rules, is $26.75 per 
copy.

  History: 2003 AACS.


R 29.5105  Standard for installation and use of stationary combustion engines 
and gas turbines; adoption by reference.
  Rule 105.  The provisions  of  the  National  Fire  Protection  Association 
(NFPA)  pamphlet  number  37,  1998  edition,  entitled  "Standard  for   the 
Installation and Use of Stationary  Combustion  Engines  and  Gas  Turbines," 
referred to in part 5 of these rules, are adopted by reference    in    these 
rules.   Copies  of  the adopted NFPA 37 are  available  for  inspection  and 
distribution either  at  the office of the  Department    of    Environmental 
Quality,   Waste   and   Hazardous  Materials  Division,  525  West  Allegan, 
Lansing, Michigan 48933,  or  from  the National Fire Protection  Association 
(NFPA),  1  Batterymarch  Park,  Quincy, Massachusetts, 02269-9101.  The cost 
of NFPA 37, as of the time  of  adoption of these rules, is $26.75 per copy.

  History: 2003 AACS.


    PART 2.  AMENDMENTS TO FLAMMABLE AND COMBUSTIBLE LIQUIDS (FL/CL) CODE


R 29.5201  Scope.
  Rule 201.  Sections 1.1.2(7), 1.1.2(8), and 1.1.3(3) are  added   to    the 
FL/CL code as follows:
1.1.2(7) Flow-through process tanks.
1.1.2(8) Storage and handling of class IIIb liquids.
1.1.3(3) Oil and gas operations utilized  for  the  purpose  of  exploration, 
development, operation, and abandonment of  hydrocarbon  resources  regulated 
under  part  615,  supervisor  of  wells,  of  the  natural   resources   and 
environmental protection act, 1994 PA 451, MCL 324.61501 et  seq.   Part  615 
does not regulate crude petroleum collection tanks that do not receive  crude 
petroleum directly from a wellhead through a pipeline system.

  History: 2003 AACS.


R 29.5202  Applicability.
  Rule 202.  Section 1.3 of  the   FL/CL   code   is   adopted    with    the 
following changes:
1.3 Chapters 2 and 3 apply to bulk storage of liquids in  tanks  and  similar 
vessels.  Chapter 4 applies to storage of liquids in containers and  portable 
tanks in storage areas and warehouses.  Chapter 5 applies to the handling and 
transfer of liquids and related operations and processing.  Chapter 6 applies 
to electrical systems.

  History: 2003 AACS.


R 29.5203  Equivalency.
  Rule 203.  Section 1.4.1 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections 1.4.2(1), 1.4.2(2), and 1.4.4(10) are added to 
the FL/CL code as follows:
1.4.1 Nothing in this FL/CL code shall be intended  to  prevent  the  use  of 
systems, methods, or devices of equivalent  or  superior  quality,  strength, 
fire  resistance,   effectiveness,   durability,   environmental   protection 
capability, or safety over those prescribed by this FL/CL code, if  technical 
documentation is submitted to the department to demonstrate  equivalency  and 
the system, method, or device is approved for the intended purpose.
1.4.2(1) An owner or operator may make an application for a variance of rules 
by applying  to  the  department  with  a  satisfactory  explanation  of  why 
compliance is not possible.  The department may approve the variance  request 
upon finding that the variance is based upon  the  best  interest  of  public 
health, safety, welfare, property, or the environment.
1.4.2(2) 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.
1.4.4(10) Underground storage tanks at automotive and marine service stations 
shall also comply with the provisions of R 29.2101 et seq.

  History: 2003 AACS.


R 29.5204  Retroactivity.
  Rule 204.  Section 1.5 of  the   FL/CL   code   is   adopted    with    the 
following changes:
1.5 The provisions of this  FL/CL  code  shall  be  considered  necessary  to 
provide a reasonable level of protection from loss of life and property  from 
fire and explosion.  The provisions shall reflect situations and the state of 
the art prevalent when the FL/CL code was issued.  Unless otherwise noted, it 
shall not be intended that the provisions of this FL/CL code  be  applied  to 
facilities, equipment, structures, or installations  that  were  existing  or 
approved for construction or installation before the effective date  of  this 
FL/CL code, except in those cases where it is determined  by  the  department 
that the existing situation involves a  distinct  hazard  to  life,  adjacent 
property, or the environment.

  History: 2003 AACS.


R 29.5205  Definitions.
  Rule 205.  Sections 1.6.2, 1.6.3, 1.6.8, 1.6.43.6, and  1.6.43.7   of   the 
FL/CL code are adopted with the following changes  and   sections   1.6.2(a), 
1.6.2(b), 1.6.9(a),  1.6.9(b),  1.6.9(c),   1.6.9(d),   1.6.9(e),   1.6.9(f), 
1.6.10(a), 1.6.10(b), 1.6.10(c), 1.6.10.1, 1.6.10(d), 1.6.10(e),   1.6.17(a), 
1.6.18(a), 1.6.23(a), 1.6.24(a), 1.6.31(a), 1.6.32(a), 1.6.39(a), 1.6.41(a),
 1.6.43.9, 1.6.43.10, and 1.6.52(a) are added to the FL/CL code; and  section 
1.6.43.3 of the FL/CL code is deleted as follows:
1.6.2 "Approved" means acceptable to the department.
1.6.2(a) "Area subject to flooding" means an area where a 100-year flood or a 
flood with a magnitude, which has a 1% chance of occurring or being  exceeded 
in any given year as determined by the federal  emergency  management  agency 
(FEMA).
1.6.2(b) "AST system" means a tank or combination  of  tanks,  including  the 
pipes  that  are  connected  to  the  tank,  tanks,  or  ancillary  equipment 
containment systems, if any, which is, was, or may have been used to  contain 
an accumulation of liquids and  which  has  less  than  10%  of  its  volume, 
including the volume of the underground pipes that are connected to the tank, 
or tanks, beneath the surface of the ground.
1.6.3 "Authority having jurisdiction" means the department.
1.6.8 "Building" means a structure with walls or a roof, or both.
1.6.9(a) "Bulk container" means a closed container that has a liquid capacity 
of more than 793 U.S. gallons (3,000 liters).
1.6.9(b) "Cathodic protection" means a technique to prevent the corrosion  of 
a metal surface by making the surface the cathode of an electrochemical cell.
This protection renders a  metallic  tank  or  piping  component   negatively 
charged with respect to its environment.  This protection shall  be  designed 
by a corrosion expert as defined in these rules.
1.6.9(c) "Cathodic protection tester" means a person who can  demonstrate  an 
understanding of the principles and  measurements  of  all  common  types  of 
cathodic protection systems applicable to 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 metal piping and tank systems.  The person shall  be  certified  as  being 
qualified  by  the  national  association  of  corrosion   engineers   (NACE) 
international.
1.6.9(d) "FL/CL code"  means  the  storage  and  handling  of  flammable  and 
combustible liquids rules as promulgated by the department.
1.6.9(e) "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 during the operational life of the system.
1.6.9(f) "Composite" means a metallic tank or piping  component  that  has  a 
nonmetallic coating, which is bonded to the metal and which  is  of  adequate 
thickness to provide complete electrochemical isolation from the environment.
1.6.10(a) "Corrosion expert" means  a  person  who,  by  reason  of  thorough 
knowledge of the physical sciences and  the  principals  of  engineering  and 
mathematics acquired  by  a  professional  education  and  related  practical 
experience, is qualified to engage in the practice of  corrosion  control  of 
tank systems.  The person shall be certificated as being qualified  by  NACE, 
as a senior corrosion technologist, a cathodic protection  specialist,  or  a 
corrosion specialist or be a registered engineer who  has  certification  and 
licensing that includes education and experience in corrosion control.
1.6.10(b) "Corrosion protection" means protecting a tank  system  to  prevent 
the degradation of  the  metal  through  oxidation  or  reactivity  with  its 
environment.
1.6.10(c)  "Critical  assessment  zone"  means  part  of  the  source   water 
protection area that surrounds a public water supply surface water intake and 
is determined in the Michigan source water assessment  program,  approved  by 
the United States environmental protection agency under section 1453  of  the 
safe drinking water act.
1.6.10.1 "Crude petroleum collection tank" means a tank located within, or in 
close proximity to, an oil or gas field utilized for the temporary storage of 
crude petroleum before transport to a refinery.  The tank shall  not  have  a 
pipeline connection to an oil and gas operation regulated under Part 615, MCL 
324.61501 et seq.
1.6.10(d) "Department" means the department of environmental quality.
1.6.10(e) "Director" means the director of the department.
1.6.17(a) "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.  A flow?through process tank does not  include  a  tank 
that is used for the storage of materials before its  introduction  into  the 
production process or for the storage of  finished  products  or  by-products 
from the production process or a  tank  that  is  only  used  to  recirculate 
materials.
1.6.18(a) "Galvanic anode  cathodic  protection"  means  cathodic  protection 
using a metal anode that provides sacrificial  protection  to  another  metal 
that is more noble when electrically coupled in an electrolyte.  The anode is 
the source of the protective direct current.  The protection system shall  be 
designed by a corrosion expert as defined  in  section  1.6.10(a)  and  shall 
provide adequate protection to  the  structure  or  any  internal  lining  or 
external coating.
1.6.23(a) "Impressed current cathodic protection" means  cathodic  protection 
using direct current supplied by a device employing a power  source  that  is 
external to the electrode system,  such  as  a  transformer  rectifier.   The 
protection system shall be designed by  a  corrosion  expert  as  defined  in 
section 1.6.10(a) and shall provide  adequate  protection  to  the  protected 
structure without causing any damage to the structure or any internal  lining 
or external coating.
1.6.24(a) "Inherent corrosion protection" means protecting against  corrosion 
by selecting a material,  which  by  its  nature  does  not  degrade  through 
oxidation or reactivity with its environment.
1.6.31(a) "On-grade" means aboveground storage tanks, which  have  1  of  the 
tank surfaces in contact with the surface of the ground.  Tanks  on  concrete 
slabs that are placed on-grade,  though  the  surface  of  the  slab  may  be 
above-grade, are considered on?grade, if the tank is not elevated by  saddles 
or supports so that all parts of the tank surface can be visually inspected.
1.6.32(a) "Oil and gas operation" means all activities  associated  with  the 
drilling, completing, producing, and plugging of oil and gas wells  regulated 
under part 615, MCL 324.61501 et seq.
1.6.39(a) "Release" means as defined in section  20101(1)(bb)  of  part  201, 
environmental  remediation,  of  the  natural  resources  and   environmental 
protection act, 1994 PA 451, (NREPA), MCL 324.20101 et seq., includes, but is 
not limited to, any spilling, leaking, pumping, pouring, emitting,  emptying, 
discharging, injecting,  escaping,  leaching,  dumping,  or  disposing  of  a 
hazardous substance into the environment, or the abandonment or discarding of 
barrels, containers, and other  closed  receptacles  containing  a  hazardous 
substance.  "Release" does not include any of the following:
  (i)  A  release  that  results  in  exposure  to  persons  solely  within a 
workplace, with respect to a claim  that    these    persons    may    assert 
against their employers.
  (ii)  Emissions from the engine exhaust of  a  motor    vehicle,    rolling 
stock, aircraft, or vessel.
  (iii)  A release of source, by-product, or special nuclear  material   from 
a nuclear incident, as those terms are defined in  the  atomic   energy   act 
of 1954, chapter 1073,  68  Stat.  919,  if  the  release  is   subject    to 
requirements with respect to financial protection established by  the  United 
States nuclear regulatory commission under section 170 of chapter    14    of 
title  I  of  the atomic energy act of 1954, chapter 1073, 71 Stat.  576,  42 
U.S.C. 2210, or any release of source by-product or special nuclear  material 
from any  processing site designated under section 102(a)(1) of  title  I  or 
302(a) of title III  of the uranium mill tailings radiation  control  act  of 
1978, Public Law 95-604 42 U.S.C. 7912 and 7942.
  (iv)  If applied  according  to  label  directions   and    according    to 
generally  accepted   agricultural   and    management     practices,     the 
application  of    a  fertilizer,  soil  conditioner,  agronomically  applied 
manure, or pesticide,  or  fruit,  vegetable,  or  field  crop  residuals  or 
processing  by-products,   aquatic  plants,  or  a   combination   of   these 
substances.  As  used  in  this  paragraph, fertilizer and  soil  conditioner 
have the meanings given  to  these  terms  in part 85,  fertilizers,  natural 
resources  and  environmental  protection  act, 1994 PA 451, MCL  324.101  et 
seq., and pesticide has the meaning given to that term in part 83,  pesticide
 control,  natural  resources  and  environmental  protection  act,  1994  PA 
451, MCL 324.8301 et seq.
  (v)  A  release  does  not  include  fruits,   vegetables,    field    crop 
processing by-products,  or  aquatic  plants  that  are  applied    to    the 
land  for  an agricultural use or for use as an animal feed, if  the  use  is 
consistent  with generally accepted  agricultural  and  management  practices 
developed under  the Michigan right to farm act, 1981 PA 93, MCL  286.471  et 
seq.
1.6.39(b) "Repair"  means  to  restore  a  tank  system  component.   Repairs 
involving the replacement of more than 50% of the length of  any  underground 
piping between the tank and the dispenser at any 1 time shall be considered a 
replacement of the underground piping and shall meet the requirements of  the 
new underground piping in section 3.2.4.
1.6.41(a)  "Source  water  protection  area"  means  the  area  approved  and 
published by the state of Michigan for a public water  supply  in  accordance 
with the Michigan source water assessment program as prescribed by the United 
States environmental  protection  agency  under  section  1453  of  the  safe 
drinking water act.
1.6.43.3 "Fire resistant tank" is deleted.
1.6.43.6 "Protected aboveground tank" means an aboveground storage tank  that 
is listed in accordance with underwriters laboratories  (UL)  standard  2085, 
"Standard for Protected  Aboveground  Tanks  for  Flammable  and  Combustible 
Liquids," or an equivalent test procedure that consists  of  a  primary  tank 
provided with protection from physical damage and  fire-resistive  protection 
from exposure to a high-intensity liquid pool fire.  During  this  equivalent 
test procedure, the temperature inside the tank shall not exceed  an  average 
maximum temperature rise of 260 degrees Fahrenheit (144  degrees  Celsius).
During  the  2?hour  fire  exposure,  both  the  primary  and  the  secondary 
containment structural integrity shall stay intact.
1.6.43.7  "Secondary  containment  tank"  means  a  tank  that  is   enclosed 
completely within a larger tank of  the  same  or  different  material.   The 
primary tank shall be constructed and the secondary or outer tank shall  meet 
the requirements of section 2.2.3.  The interstitial or annular space between 
the walls of the 2 tanks shall allow  for  liquid  communication.   Both  the 
primary and secondary containment shall be provided with adequate normal  and 
emergency venting in compliance with section 2.2.5.
1.6.43.9 "Tank system" means AST system or UST system.
1.6.43.10 "UST system" means a tank or combination of  tanks,  including  the 
underground pipes that are 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 liquids and which has 10% or more  of 
its volume, including the volume of the underground pipes that are  connected 
to the tank or tanks, beneath the surface of the ground.
1.6.52(a) "Wellhead protection area" means the area approved and published by 
the state of Michigan for a public water supply in accordance with the  state 
of Michigan wellhead protection program, as prescribed by the  United  States 
environmental protection agency under section 1428 of the safe drinking water 
act.

  History: 2003 AACS.


R 29.5206  Definition and classification of liquids.
  Rule 206.  Sections 1.7.2.1(a) and 1.7.2.2(a) are added to the  FL/CL  code 
as follows:
1.7.2.1(a) "Auto ignition temperature" means the minimum temperature required 
to initiate self-sustained combustion in a  substance  without  any  apparent 
source of ignition.  The substance may be liquid, solid, or gaseous.
1.7.2.2(a) "Ignition temperature" means the minimum temperature  required  to 
cause self-sustained combustion,  independently  of  the  heating  or  heated 
element.  The substance may be liquid, solid, or gaseous.

  History: 2003 AACS.


R 29.5207  General requirements.
  Rule 207.  Section 1.9.1 of  the  FL/CL  code   is   adopted    with    the 
following changes:
1.9.1 Storage.  Liquids shall be stored in tanks, portable  tanks,  and  bulk 
containers in compliance with chapter 2, or in containers,  and  intermediate 
bulk containers in compliance with chapter 4.  Each tank  or  bulk  container 
shall be installed in compliance with its design and listing or approval.

  History: 2003 AACS.


R 29.5208  Prohibitions.
  Rule 208.  Sections 1.10.1 to 1.10.5 are added to the FL/CL code as follows:
1.10.1 Upon notification by the department, a person shall  not  deliver  any 
liquids  into  a  storage  tank  system  under  any  circumstances  that  are 
prohibited by these rules or if a tank does not comply  with  these  rules.
Notification may include  verbal  or  written  communication  or  an  affixed 
written notification on the storage tank system.
1.10.2  A  person  shall  not  tamper  with,  remove,  or  disregard  written 
notification affixed to the storage tank system.
1.10.3 Any storage tank system or practice that does not  comply  with  these 
rules shall be considered to be in violation of these rules.
1.10.4 An owner or operator shall not continue to use a storage  tank  system 
that is causing a release and shall expeditiously empty  the  system  or  the 
component that is causing  the  release  until  the  system  is  repaired  or 
replaced.
1.10.5 The department shall order, at the expense of the owner,  a  tightness 
test of the storage tank system when there  is  demonstrated  evidence  of  a 
release that the storage tank system is leaking.
1.10.6 The department may disapprove a  methodology,  device,  or  technology 
applied to the installation, operation, and maintenance  of  a  storage  tank 
system not specifically  set  forth  in  these  rules.   The  department  may 
prohibit any person from using a methodology, device, or  technology  applied 
to the installation, operation, and maintenance of a storage tank  system  if 
the department determines that such use may  create  a  risk  to  the  public 
health, safety, and welfare and the environment.

  History: 2003 AACS.


R 29.5209  Installation application submittal requirements.
  Rule 209.  Sections 1.11.1 to 1.11.5 are added to the FL/CL code as follows:
1.11.1 For installations, where individual  storage  capacity  is  more  than 
1,100 gallons (4,180  liters),  an  application  for  plan  review  shall  be 
submitted to the department not less than 30 days before the installation  of 
an aboveground storage tank system by the owner or owner's designee on behalf 
of the owner.
1.11.2 The installation application shall include a plot map that  shows  all 
of the following information:
  (a)  The locations of buildings, public  roadways,   railroad    mainlines, 
and power lines as specified in section 2.3.2.1.
  (b)  Storm sewers, sanitary sewers, manholes, and catch basins.
  (c)  The proposed locations of tanks and buildings.
  (d)  The location of property lines.
  (e)  The location of existing tanks, aboveground and  underground,   within 
50 feet (15 meters) of the installation.
  (f)   The material of construction, the dimension, and the   capacity    of 
each tank.
  (g)  The class of liquid stored.
  (h)  The type of venting and pressure relief.
  (i)  The locations of surface water and  wetlands  within  25   feet   (7.5 
meters) of the installation.
  (j)  The type of impoundment provided.
  (k)   The location of single-family drinking water wells within  50    feet 
(15 meters) of the installation; type IIb and III noncommunity  public  water 
wells within 75 feet  (22.5  meters)  of  the  installation;  and   type    I 
community  and type IIa noncommunity public water wells within 200  feet  (30 
meters)  of  the installation.
  (l) Designate whether   the   installation   is   within    a    delineated 
wellhead protection area.
  (m) Designate  whether   the   installation   is   within    an    approved 
critical assessment zone of a delineated source water protection area.
1.11.3 The department shall issue a plan review report within 30 days of  the 
receipt.  If the report is not issued within 30 days, the installation may be 
constructed according to the submitted plans  and  shall  comply  with  these 
rules.
1.11.4 Upon completion of the installation, the department shall be  notified 
not less than 7 calendar days before the installation is placed in service.
The department shall  inspect  the  installation  following  the  receipt  of 
notification and shall certify the installation if the requirements of  these 
rules have been met.  If the inspection is not made within 5 working days  of 
receipt of notification, the installation may be  placed  in  service  and  a 
notarized affidavit shall be submitted to the  department  attesting  to  the 
fact that the installation complies with the plans submitted  and  applicable 
rules.
1.11.5 Upon request, all plans and specifications that are submitted  to  the 
department for review shall be returned after the  department  has  certified 
the installation  or  within  30  working  days  after  notification  to  the 
authority having jurisdiction of the completion of the  installation.   Plans 
and specifications may be marked "confidential - do not copy" when  they  are 
submitted.

  History: 2003 AACS.


R 29.5210  General.
  Rule 210.  Scope.  Section 2.1.1(2) of the FL/CL code  is   adopted    with 
the following changes:
2.1.1(2) The  storage  of  flammable  and  combustible  liquids  in  portable 
containers greater than 660 gallons  (2,508  liters)  and  intermediate  bulk 
containers whose capacity exceeds 793 gallons (3,000 liters).

  History: 2003 AACS.


R 29.5211  Design and construction of tanks.
  Rule 211.  Materials of construction.  Sections  2.2.2.1  and  2.2.2.2  are 
added to the FL/CL code and sections 2.2.2(b)(3), 2.2.2(b)(4),  and  2.2.2(c) 
of  the FL/CL code are deleted as follows:
2.2.2(b)(3) is deleted.
2.2.2(b)(4) is deleted.
2.2.2(c) is deleted.
2.2.2.1 An open tank shall not be used for the storage of liquid.
2.2.2.2 An aboveground tank shall be repaired with material that is equal  to 
the original material specifications.  The  use  of  any  other  material  is 
subject to approval by the department, which is based upon the best  interest 
of public health, safety, and welfare and the environment.

  History: 2003 AACS.


R 29.5212  Design standards.
  Rule  212.    Design   standards   for    atmospheric    tanks.     Section 
2.2.3.1.2, exception 2 of the FL/CL code is  adopted  with   the    following 
changes  and sections 2.2.3.1(4) and 2.2.3.1.2, exception 1 of the FL/CL code 
are  deleted as follows:
2.2.3.1.1(4) is deleted.
2.2.3.1.2 Exception 1 is deleted.
2.2.3.1.2 Exception 2, horizontal cylindrical, and  rectangular  tanks  built 
according to any standards specified in sections 2.2.3.1.1(1) or 2.2.3.1.1(2) 
shall be permitted to operate at pressures from atmospheric to  1  pound  per 
square inch gauge (gauge pressure of 6.9 kilopascals) and shall be limited to 
2.5 pounds per square inch gauge (gauge pressure of 17.2  kilopascals)  under 
emergency venting conditions.

  History: 2003 AACS.


R 29.5213  Design of tank vents.
  Rule 213.  Normal venting for tanks.  Section 2.2.5.1.6 of the  FL/CL  code 
is adopted with the following changes:
2.2.5.1.6 Tanks and pressure vessels that store  class  I  liquids  shall  be 
equipped with venting devices that are normally closed  except  when  venting 
under pressure or vacuum conditions.

  History: 2003 AACS.


R 29.5214  Emergency relief venting for fire exposure for aboveground tanks.
  Rule 214.  The exception from section 2.2.5.2.1 is   deleted    from    the 
FL/CL code.

R 29.5215  Design of storage tank system corrosion protection.
  Rule 215.  Section 2.2.6 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections  2.2.6.1.1(2),  2.2.6.1.3,   2.2.6.1.4,    and 
2.2.6.1.5  are added to the FL/CL code as follows:
2.2.6 Material used to fabricate the tank system shall  be  thick  enough  to 
compensate for internal corrosion and compatible with the product stored  for 
the design life of the tank system  or  other  approved  means  of  corrosion 
protection shall be provided.
2.2.6.1.1(2) External corrosion protection for  tanks.   Approved  or  listed 
corrosion?resistant materials or systems shall  be  in  accordance  with  the 
following recognized standards of design:
  (a)   UL   1316,   "Standard     for     Glass-Fiber-Reinforced     Plastic 
Underground Storage  Tanks  for   Petroleum    Products,    Alcohols,     and 
Alcohol-Gasoline Mixtures," adopted by reference in section 7.1.2.8.
  (b)  UL 1746, "Standard for External  Corrosion  Protection   Systems   for 
Steel Underground Storage Tank," adopted by reference in section 7.1.2.8.
  (c)  STI ACT-100, "Specification for External Corrosion    Protection    of 
FRP Composite Steel Underground Tanks, F894," adopted   by    reference    in 
section 7.1.2.7.
2.2.6.1.3 The exterior of the tank bottom, for either single or double-bottom 
tanks that are installed on grade, at the same elevation as the bottom of the 
diked area, shall be protected against corrosion by 1 of the following:
  (a)   A  properly  engineered,  installed,    and    maintained    cathodic 
protection system that is in compliance with recognized standards of  design, 
such as the American petroleum institute (API)  RP  651,    first    edition, 
1997,  "Cathodic Protection of Aboveground Petroleum Storage Tanks,"  adopted 
by  reference  in section 7.1.2.1,  or  NACE,  RP  0193,  "External  Cathodic 
Protection of  On-Grade Metallic Storage Tank Bottoms," adopted by  reference 
in section 7.1.2.5.
  (b)   A  shop-fabricated  tank  that  has   a     shop-applied     external 
mastic-coated bottom may be installed on a concrete or asphalt pad under  the
 entire  tank bottom, if the pad is above the level of grade or any  possible 
standing water.
  (c)  When a new bottom is installed in an existing tank, the  exterior   of 
the new bottom shall be provided with  cathodic  protection   in   compliance 
with subdivision (a)  of  this  subrule  or  other    corrosion    protection 
methods acceptable to the department based on the best  interest  of   public 
health, safety, and welfare and the environment, regardless of whether or not 
the new bottom replaces the old bottom or the old bottom is left in place and 
the new bottom is placed above the old bottom.
2.2.6.1.4 Cathodic protection systems for  all  aboveground  and  underground 
storage tanks shall be maintained to include all  of  the  following  minimum 
requirements:
  (1)  An inspection of an impressed current system not less than once  every 
60 days to make sure that it is operational.
  (2)  An inspection not less than once every 3 years of  the   effectiveness 
of the cathodic protection system by a certified cathodic protection   tester 
as defined in section 1.6.9(c).
  (3)  An inspection of the effectiveness  of   the    cathodic    protection 
system within 6 months of any construction  work  that  might   damage    the 
cathodic protection system.
  (4)  Repairs  or  replacement  of  a  cathodic  protection   system   shall 
be conducted by  a  NACE  certified  corrosion   expert   as    defined    in 
section 1.6.10(a).  General system maintenance  of  the  cathodic  protection
 system including, but not limited to, replacement of fuses,  and    splicing 
of  cable would not be required to be designed by a  corrosion  expert,   and 
shall  be approved by the department to  not   increase   the    hazard    to 
public  health, safety, and welfare and the environment.
2.2.6.1.5. Selection of the type of protection to be employed shall be  based 
upon the corrosion history of the  area  and  the  judgment  of  a  qualified 
engineer.

  History: 2003 AACS.


R 29.5216  Vaults for aboveground tanks.
  Rule 216.  Sections 2.2.7.1, 2.2.7.2(b), 2.2.7.2(i),  and  2.2.7.3  of  the 
FL/CL code  are  adopted  with   the   following   changes    and    sections 
2.2.7.2(k), 2.2.7.2(l), 2.2.7.2(m), and  2.2.7.2(n)  are   added    to    the 
FL/CL  code  as follows:
2.2.7.1 General.  Aboveground tanks shall be permitted  to  be  installed  in 
vaults that meet the requirements of section 2.2.7.  Except  as  modified  by 
the provisions of section 2.2.7,  vaults  shall  meet  all  other  applicable 
provisions of these rules.
2.2.7.2  Vault  design  and  construction.   Vaults  shall  be  designed  and 
constructed to meet the following requirements:
2.2.7.2(b)   The  top  of  an  aboveground  vault  shall  be  constructed  of 
noncombustible material and shall be designed to be weaker than the walls  of 
the vault to ensure that the thrust of any  explosion  occurring  inside  the 
vault is directed upward before destructive internal pressure develops within 
the vault.  The top of an at-grade or below-grade vault shall be designed  to 
relieve or contain the force of any explosion occurring inside  the  vault.
The walls of a vault, which are partially below grade, shall extend not  less 
than 4 feet (1.2 meters) above grade.
2.2.7.2(i)  Each vault shall be provided with a  means  for  personal  entry, 
which shall only be at  the  top  of  the  vault  to  allow  for  the  visual 
inspection of the tank and piping surfaces.  At each entry point,  a  warning 
sign that indicates the need for procedures  for  safe  entry  into  confined 
spaces  shall  be  posted.   Each  entry  point  shall  be  secured   against 
unauthorized entry and vandalism.
2.2.7.2(k)  The vault shall be provided with  spill  containment  around  the 
fill pipe  or  transfer  connection.   Under  top  fill  applications,  spill 
containment shall empty by gravity only into the primary tank.
2.2.7.2(l)  The loading and unloading  transfer  connection  for  above-grade 
vaults shall terminate outside the vault.
2.2.7.2(m)  Provision shall be  made  for  the  normal  operation  of  valves 
without entering the vault.
2.2.7.2(n)  A vault shall be located not less than 15 feet (4.5 meters)  from 
buildings and property lines.
2.2.7.3  Tank  selection  and  arrangement.   Tanks  shall  be   listed   for 
aboveground use.  Each tank shall be in its own vault and shall be completely 
enclosed by the vault.  Sufficient clearance between the tank and  the  vault 
shall be provided to allow for visual inspection and maintenance of  all  the 
vault surfaces as well as the tank and its appurtenances.

  History: 2003 AACS.


R 29.5217  Fire resistant tanks.
  Rule 217.  Section 2.2.8 of the FL/CL code is deleted.
2.2.8 Fire resistant tanks is deleted.

  History: 2003 AACS.


R 29.5218  Installation of aboveground tanks.
  Rule 218.   Location  with  respect  to  property  lines,   public    ways, 
and important buildings on the same property.  Section  2.3.2.1.5   of    the 
FL/CL code is adopted with the  following  changes  and  sections  2.3.2.1.8, 
2.3.2.1.9, 2.3.2.1.9.1, and 2.3.2.1.10 are added to the FL/CL code as follows:
2.3.2.1.5 If located within the same diked area as or the drainage path of  a 
tank storing a class I or class II liquid, the tank storing class IIIb liquid 
shall be located in accordance with section 2.3.2.1.1.
2.3.2.1.8 Location restrictions for the installation of aboveground tanks are 
as follows:
  (a)  An aboveground storage tank shall not be erected less than  300   feet 
(92 meters) from any of the following:
  (i) A mineshaft.
  (ii)An air escape shaft for a mine.
  (iii)A school.
  (iv) A church.
  (v)A hospital.
  (vi)A theater.
  (vii)An assembly occupancy for 50 or more persons.
  (b)  The  aboveground  storage  tank,  loading  operation,   or   unloading 
operation shall not be installed closer than 25 feet  (7.6  meters)  plus   1 
inch  (25 millimeters)  per  1,000  volts,  measured  horizontally  from  the
  nearest conductor or power  lines,  except  that  a  service  entrance  and 
service line may be closer than 25 feet (7.6 meters), but shall not be over a 
tank loading  or unloading area.
  (c)  The restrictions in section 2.3.2.1.8(a) or (b) shall not   apply   to 
an aboveground storage tank that contains class II or III liquid   that    is 
used exclusively for powering  stationary  engines  which  are  installed  in 
compliance with part 5  of  these  rules,  and  shall  not  apply    to    an 
aboveground  storage tank that stores fuel oil for  consumptive  use  on  the 
premises.
2.3.2.1.9 An aboveground tank system  shall  not  be  installed  within   the 
following distances of the following items:
  (a)  Fifty-feet (15.2 meters) from a single-family drinking water well.
  (b)  Seventy-five feet (22.5 meters) from a type IIb noncommunity  or  type 
III public drinking water well.
  (c)  Two hundred feet (61 meters)  from  a  type  I  community   or    type 
IIa noncommunity public drinking water well.
Aboveground storage tanks that do not have secondary containment shall not be 
installed within 300 feet (92 meters) from single-family drinking wells,  800 
feet (244 meters) from type IIb and  type  III  noncommunity  drinking  water 
wells, 2,000 feet (610 meters) from type I community or type IIa noncommunity 
drinking water wells.  Aboveground storage tanks that do not  have  secondary 
containment shall not be installed in a delineated wellhead protection area.
Aboveground storage tanks that do not have secondary containment shall not be 
installed in a source water protection area critical assessment zone, or  300 
feet (92 meters) from a surface watershed delineated critical assessment zone.
Exception:  A person may install an AST system if it is a 1 for 1 replacement 
at an active aboveground or underground storage tank system location  without 
being subject to the requirements of this section;  if  the  new  AST  is  in 
compliance with the requirements of these rules for a new  installation,  and 
if the new installation is no closer to a well than the existing installation.
2.3.2.1.9.1 A tank of more than 4,000 gallons (15,200 liters)  shall  not  be 
installed within the critical assessment zone after  the  effective  date  of 
these rules.  Tanks that have a 4,000-gallon (15,200 liters) or less capacity 
installed within the critical assessment zone, after the  effective  date  of 
these rules, shall  have  liquid-tight  secondary  containment  and  overfill 
protection in compliance with this part of the rules.
Exception:  Tanks may be installed or replaced within a  critical  assessment 
zone, if added to an active tank system which is currently in  operation  and 
which was operational before the effective date of these rules.  The tank may 
be  added,  if  it  has  liquid-tight  secondary  containment  and   overfill 
protection that meets the requirements of section 2.3.2.3 and section 2.6.1.
In addition, before the installation of any new aboveground storage tank, the 
facility shall comply with section 2.3.2.7 of the FL/CL code.
2.3.2.1.10 The requirements of subsection 2.3.2.1.9.1 may be  modified  if  a 
person can demonstrate that the aboveground storage tank installation is,  or 
is not within a source water protection area, wellhead  protection  area,  or 
wellhead zone of influence and is  based  on  the  best  interest  of  public 
health, safety, and welfare and the environment.

  History: 2003 AACS.


R 29.5219  Control of spills from aboveground tanks.
  Rule 219.  Sections 2.3.2.3.2 and 2.3.2.3.3  of  the   FL/CL    code    are 
adopted with the following changes and sections    2.3.2.3(a),    2.3.2.3(b), 
2.3.2.3(c)  and  exceptions  2.3.2.3.1(e),  2.3.2.3.2(i),  2.3.2.3.2(j),  and 
2.3.2.3.2(k) are added to the FL/CL code as follows:
2.3.2.3(a) As soon as practicable after detection of a release, the owner  or 
operator of an AST system  that  releases  or  permits  to  be  released  any 
flammable or combustible liquid of more than 55 gallons (209 liters)  to  the 
ground or within a secondary containment area during any 24-hour period shall 
notify the department by  contacting  the  department's  pollution  emergency 
alerting system (PEAS) at 800?292?4706.
2.3.2.3(b) Within 10 days after the release, the owner or operator shall file 
a written report with the department outlining  the  cause  of  the  release, 
discovery of the release, and response  measures  taken  or  a  schedule  for 
completion of measures to be taken, or both, to prevent recurrence of similar 
releases.
2.3.2.3(c) An owner or operator  of  an  AST  system,  where  a  release  has 
occurred and who is liable for the  activity  that  caused  the  release,  is 
responsible for the necessary response activity at the facility in accordance 
with the requirements set forth in part 201 of 1994 PA 451, MCL 324.21101  et 
seq.
Exception:  Unless required by the department based on the best  interest  of 
public health, safety, and welfare and the environment, a tank  which  has  a 
capacity of 660 gallons (2,508 liters) or less and which  stores  combustible 
liquid does not require secondary containment.
2.3.2.3.1(e) Remote impounding.  The walls and floor of the remote impounding 
area shall be of a liquid-tight, noncombustible construction and be  designed 
to withstand a full hydrostatic head.
2.3.2.3.2 Impounding around tanks by diking.  When  protection  of  adjoining 
property or waterways is by means of impounding by diking around  the  tanks, 
the system shall comply with all of the following provisions:
  (a)  A slope away from the tank of not less than 1% shall be  provided  for 
not less than 50 feet (15 meters) or to the dike base, whichever distance  is 
less.
  (b)  The volumetric capacity of the diked area shall not  be   less    than 
the greatest amount of liquid that can be released from the   largest    tank 
within the diked area, assuming a full tank.  To allow for volume occupied by 
tanks, the capacity of the diked area that  encloses  more  than    1    tank 
shall  be calculated after deducting the volume of the tanks,   other    than 
the  largest tank, below the height of the dike.
  (c)  To permit access, the outside base of the dike at ground  level  shall 
not be closer than 10 feet (3 meters) to any property line  that  is  or  can
 be built upon.
  (d)   Walls  and   floors   of   the   diked   area   shall   be    of    a 
liquid-tight, noncombustible construction and be designed  to   withstand   a 
full  hydrostatic head.
  (e)  Except as provided in subdivision (f) of this rule, the  wall  of  the 
dike area shall be restricted to an average interior height of  6  feet  (1.8 
meters) above interior grade.
  (f)  Dikes, or dike and fencing combined, may be higher than an average  of 
6 feet (1.8 meters) above interior grade where  provision   is    made    for 
normal access and necessary emergency access to tanks, valves,   and    other 
equipment and for safe  egress  from  the  diked  enclosure  and  where   the 
following requirements are met:
  (i)  Where the average height of a dike that contains class  I  liquids  is 
more than 12 feet (3.6 meters) high, measured from interior grade,  or  where
 the distance between any tank and the top inside edge of the dike  wall   is 
less than the height of the dike wall, provision shall  be  made   for    the 
normal operation of valves and for access to a tank roof or  roofs    without 
entering below the top of the dike.  This may  be  accomplished  through  the
 use  of remote-operated valves, elevated walkways, or similar arrangements.
  (ii)  Piping that passes through dike  walls   shall   be    designed    to 
prevent excessive stresses as a result of settlement or fire exposure.
  (iii)  The minimum distance between tanks and the toe of    the    interior 
dike walls shall be 5 feet (1.5 meters).
  (g)  Each diked  area  that  contains  2   or   more   tanks    shall    be 
subdivided, preferably by drainage  channels  or  at  least  by  intermediate 
dikes, to prevent spills from endangering adjacent  tanks  within  the  diked 
area as follows:
  (i)  When storing normally stable liquids in vertical cone    roof    tanks 
that are constructed with weak roof-to-shell  seam  or  in   floating    roof 
tanks,  or when storing crude petroleum in producing  areas  in   any    type 
of  tank,  1 subdivision for each tank that has a capacity of    more    than 
10,000  barrels (1,590,000 liters) and 1 subdivision for each group of tanks, 
where  no  tank in the group has a capacity of  more  than   10,000   barrels 
(1,590,000  liters), and that has an aggregate  capacity  of  not  more  than 
15,000 barrels (2,385,000 liters).
  (ii)  When storing normally stable liquids in tanks that are  not   covered 
by the provisions of paragraph (i) of this subdivision, 1   subsection    for 
each tank that has a capacity of more than 2,380 barrels  (378,500    liters) 
and  1 subdivision for each group of tanks where no tank has  a  capacity  of 
more than 2,380 barrels  (378,500  liters),  and  that  has   an    aggregate 
capacity  of  not more than 3,570 barrels (567,750 liters).
  (iii)  When storing unstable liquids in any type of tank,  1    subdivision 
for each tank, except those tanks that  are  installed  in  compliance   with 
the drainage requirements of the  NFPA  pamphlet  number  15,  1996  edition, 
"Standard for Water Spray Fixed Systems for Fire  Protection,"   adopted   by 
reference  in section 7.1.1, shall not  require  additional   subdivision.
Since  unstable liquids  will  react  more  rapidly    when    heated    than 
when   at   ambient temperatures, subdivision by  drainage  channels  is  the 
preferred method.
  (iv)  When 2 or more tanks that are used to store class I liquids,  any   1 
of which is over 150 feet (45 meters) in diameter, are located  in  a  common 
diked area, intermediate dikes shall be provided between  adjacent  tanks  to 
hold not less than 10% of the capacity of  the  tank   so    enclosed,    not 
including  the volume that is displaced by the tank.
  (v)  The drainage channels or  intermediate  dikes   shall    be    located 
between tanks so as to take full advantage of the available  space  with  due 
regard for the individual tank capacities.  Intermediate dikes,  where  used, 
shall be not less than 18 inches (45 cubic meters) in height.
  (h)  Where provision is made for draining  water  from  dike    areas    or 
from remote impoundment areas, the drains shall be attended during operation, 
only manually activated, locked, and closed when not attended, and controlled 
in a manner that prevents flammable or combustible liquids   from    entering 
natural watercourses, public sewers, or public drains.  Control  of  drainage 
shall  be accessible under fire conditions from outside the dike  or   remote 
impoundment area.  For closed waste stream  systems,  other  control  methods 
that provide an equivalent level of fire safety and environmental  protection
 acceptable  to the department will be permitted if it  is  in    the    best 
interest  of  public health, safety, and welfare and the environment.
  (i)  The storage of flammable and  combustible  materials,  empty  or  full 
drums, or barrels shall not be permitted within the diked area.
  (j)   A  building  shall  not  be  located  within  a   diked   area.     A 
noncombustible structure  that  houses  equipment    which    is    necessary 
for   handling, transferring, blending, or controlling the liquid   may    be 
located  within  a dike if  the  structure   has   adequate   ventilation.
Heating  and  electrical installations for the structure  shall  be  approved 
for hazardous locations.
  (k)  All drainage  from  diked  systems  shall  be  performed    in    full 
compliance with all applicable local, state, and federal requirements.
2.3.2.3.3 Secondary containment tanks.  Where a secondary containment tank is 
used to provide spill control, the tank  shall  meet  all  of  the  following 
requirements:
  (a)  All piping connections to the tank  shall  be  made    above    normal 
maximum liquid level.
  (b)  Means shall be provided to prevent the release of liquid   from    the 
tank by siphon flow.
  (c)  Means shall be provided for determining the level  of  liquid  in  the 
tank.
 This means shall be accessible to the delivery operator.
  (d)  Means shall be provided to prevent overfilling by  sounding  an  alarm 
when the liquid level  in  the   tank   reaches   90%   capacity    and    by 
automatically stopping delivery of liquid to the tank when the liquid   level 
in  the  tank reaches 95% of capacity.  In no  case  shall  these  provisions
 restrict  or interfere with the proper functioning of the normal   vent   or 
the  emergency vent.
  (e)  Spacing between adjacent tanks shall be  not  less  than  3  feet  (.9 
meters).
  (f)  The tank shall be capable of resisting the damage from the impact   of 
a motor vehicle or suitable collision barriers shall be provided.
  (g)  Where the means of  secondary  containment  is  enclosed,   it   shall 
be provided with emergency venting in accordance with section 2.2.5.2.
  (h)  Means shall be  provided  to  establish   the   integrity    of    the 
secondary containment, in accordance with sections 2.4.2.3 and 2.4.2.4.   The 
secondary containment shall be designed to withstand  the  hydrostatic   head 
resulting from a leak from the primary tank of the maximum amount  of  liquid 
that can be stored in the primary tank.

  History: 2003 AACS.


R 29.5220  Tank openings other than vents for aboveground tanks.
  Rule 220.  Sections 2.3.2.5.1 and 2.3.2.5.2  of  the   FL/CL    code    are 
adopted with the following changes:
2.3.2.5.1 For capacity greater than 50,000 gallons,  each  connection  to  an 
aboveground tank through which liquid can normally flow out of the tank above 
the liquid level shall be provided with a solenoid valve,  a  remote  control 
valve, an automatically actuated valve, or a mechanical anti-siphoning device 
as close as possible to the tank.
2.3.2.5.2 Each connection to an aboveground tank, which  has  a  capacity  of 
50,000 gallons (190,000-liters) or less through  which  liquid  can  normally 
flow shall be provided with an internal or an external valve that is  located 
as close as practical to the shell of the tank and  shall  be  in  compliance 
with all of the following provisions:
  (a)  Each single wall horizontal tank or single wall vertical  tank   which 
has a capacity of 50,000  gallons  (190,000  liters)  or  less   and    which 
contains  a class I or class II liquid shall have all  liquid   lines    that 
are  attached below liquid level  equipped  with  an  approved  heat?actuated
 internal  or external quick-closing valve that will  automatically   prevent 
the  flow  of liquid from the tank in the event of  a  fire.   The   external 
quick-closing valve shall  be  installed  at  the  tank.   The  heat-actuated 
quick-closing  valve is not required on crude petroleum storage tanks.
  (b)  Each heat-actuated, quick-closing valve  shall  be    maintained    in 
proper operating condition.
  (c)  Each water drain valve shall be an approved  non-freeze   valve    and 
shall be locked or otherwise secured in a closed position when not in use.

  History: 2003 AACS.


R 29.5221  Existing aboveground storage tanks.
  Rule   221.     Sections    2.3.2.7.1,     2.3.2.7.1(a),      2.3.2.7.1(b), 
2.3.2.7.2,   2.3.2.7.2(a),     2.3.2.7.2(b),     2.3.2.7.2(c),     2.3.2.7.3, 
2.3.2.7.3(a),   and 2.3.2.7.3(b) are added to the FL/CL code as follows:
2.3.2.7.1 Field-Erected Tanks.  All existing field-erected tanks,  which  are 
not in full compliance with the requirements for new tanks under these rules, 
shall meet 1 of the following provisions:
  (a)  If an API  standard   653,   adopted   by   reference    in    section 
7.1.2.1, internal inspection is performed by an API certified  inspector  and 
completed with an established calculated corrosion rate,  based  on  original 
construction thickness data or deterministic methods in accordance  with  API 
standard  653 at the time of inspection, no  action  needs  to    be    taken 
until  the  next recommended  internal  inspection.    The    API    standard 
653-inspection  report shall be available to the department  documenting  the
 calculated  corrosion rate.  In addition, within 5 years  of  the  effective 
date of these rules, each tank shall be provided with   overfill   protection 
that  meets  the  applicable  requirements  of  section  2.6.1.1  to  section 
2.6.1.6.
  (b)  An API standard 653 internal inspection shall be  performed  for  each 
tank within 5  years  of  the  effective  date  of   these    rules.     This 
internal inspection shall be used to  determine  whether  the    tank    wall 
and  bottom thickness exceed the minimum allowable thickness  under  the  API 
standard  653, and establish a baseline for the development of  a   corrosion 
rate  for  each tank.  A subsequent  API  standard  653  internal  inspection 
shall be   conducted,  for  each  tank,  within  5  years  to  establish  the 
calculated corrosion rate  for each tank.  In addition, within 5 years of the 
effective date of these  rules,  each   tank   shall   be    provided    with 
overfill  protection  that  meets  the  applicable  requirements  of  section 
2.6.1.1 to section 2.6.1.6.
  (c)  Within 10 years of the effective date of these rules,   an    existing 
tank shall have an established calculated corrosion rate in  accordance  with
 the API standard 653.  Within 5 years of  the  effective  date   of    these 
rules, annual tank tightness tests  pursuant  to  section  2.4.3.2  shall  be 
performed.
In addition, within 5 years of the effective date of these rules,  each  tank 
shall  be  provided  with  overfill  protection  that  meets  the  applicable 
requirements of section 2.6.1.1 to section 2.6.1.6.
  (d)  Within 5 years of the effective date   of   these    rules,    provide 
liquid tight secondary containment for the tank by doing any of the following:
  (i)   Installing  a  double   bottom   using    an    integral    secondary 
containment system that has a monitored interstitial space  approved  by  the
 department that will not increase the hazard to public health,  safety,  and 
welfare  and the environment.
  (ii)  Installing a steel second bottom with a monitored interstitial space.
  (iii)  Installing an external impermeable liner under the  existing  bottom 
and provide an external leak detection system between the  tank  bottom   and 
the impermeable liner.
  (iv)  Employing other methods acceptable to  the  department,   which    do 
not increase  the  hazard  to  public  health,  safety,  and   welfare    and 
the environment.  The monitoring system  for  the  interstitial  space  shall
 be continuous and sound an alarm if water or the product stored in the  tank
 is detected.  A cathodic protection system shall  also  be   installed    as 
required in section 2.2.6.1.3.  In addition, overfill and  spill   protection 
shall  be added in compliance with sections 2.6.1.5 and  2.6.1.6.   Corrosion 
protection shall be installed in compliance with section 2.2.6.
  (e)  Within 5 years of the effective date of these rules,   the    existing 
tank shall be replaced with a new tank that meets all the   requirements   of 
these rules.
  (f)  Five years  after  the   effective   date   of   these    rules,    an 
existing noncompliant tank shall be permanently closed  under  section  2.6.4
 of  the FL/CL code.
2.3.2.7.1(a) Within 5 years of the effective date  of  these  rules,  if  the 
requirements of section 2.3.2.7.1 have not been met or the tank has not  been 
permanently closed  under  section  2.6.4.1,  the  tank  is  subject  to  the 
provisions of section 1.10.1 to section 1.10.6.
2.3.2.7.1(b) All persons utilizing API  standard  653  to  comply  with  this 
section shall do all of the following:
  (a)  Notify the department not less  than  15  days  in  advance    of    a 
scheduled API standard 653 internal inspection, unless  the   department   is 
notified  and approves an emergency inspection.   Notification  of  the   API 
standard  653 inspection shall be on form EQP3899 found  in   appendix    "A" 
provided  by  the department.
  (b)  Perform routine in-service inspections under section 4.3.1   of    the 
API standard 653 and maintain records on file for 3 years.
  (c)  Testing and  inspection  records,  inspector   recommendations,    and 
actions  undertaken   to   address   structural    integrity    issues    and 
recommendations  shall be retained for the  life  of  the  tank   and   shall 
be  accessible  to  the department.
  (d)  Any repairs related to the structural integrity of the  tank,    which 
are recommended by the certified API  standard  653  inspector,   shall    be 
addressed in a manner consistent with the requirements of these rules and  in 
accordance with API standard 653.  The  operator  may    utilize    alternate 
repair  methods acceptable to the department if they are equally effective at 
mitigating  the identified defect and based on the best interest  of   public 
health,  safety, and welfare and the environment.  Inspections, reports,  and
 repair  records shall be retained for the life of the tank.
  (e)  All API  standard  653  certified  inspector  reports  shall   include 
a complete assessment of the  total  surface  of  the  tank   bottom    using 
the magnetic flux scanning method followed by ultrasonic  thickness  gauging, 
where needed, or by another method  of  thickness   measurement    acceptable 
to  the department based on the best interest of public health, safety,   and 
welfare and the environment.  A complete assessment will not be  required  in 
the  case of a floor replacement.
  (f)  Internal tank inspection shall be summarized on form   EQP3896   found 
in appendix "A" provided by the department.  The form shall be  submitted  to 
the department within 60 days of completion of the inspection.
2.3.2.7.2 Shop-fabricated tanks on-grade.  Within 5 years  of  the  effective 
date of these rules, all existing shop-fabricated tanks  on-grade  which  are 
50,000 gallons (190,000 liters) or less in size and which  are  not  in  full 
compliance with the requirements for new tanks under these rules shall be  in 
compliance with 1 of the following provisions:
  (a)  If an API standard 653  internal  inspection  performed  by   an   API 
standard 653 Certified Inspector has been performed and completed   with   an 
established  calculated  corrosion  rate  based  on   original   construction 
thickness  data  or deterministic methods in accordance with   API   standard 
653  at  the  time  of inspection, no action needs to be taken until the next
 recommended  internal inspection.  The API  standard  653-inspection  report 
shall be available to the department  documenting  the  calculated  corrosion 
rate.  In addition, within  5 years of the effective  date  of  these  rules, 
each tank shall be provided  with overfill and spill protection  that   meets 
the  applicable  requirements  of sections 2.6.1.1 to 2.6.1.6.
  (b)  An  STI  SP001-00,  adopted  by  reference   in    section    7.1.2.7, 
inspection shall be performed by an STI SP001-00 certified  inspector.    The 
inspection shall determine that the tank wall and bottom  thickness    exceed 
the  minimum allowable thicknesses under the STI  SP001-00.    A   subsequent 
STI  SP001-00 inspection shall be conducted for each tank  not   less    than 
once  every  10 years.  In addition, within 5 years of the  effective    date 
of  these  rules, each  tank  shall  be  provided  with  overfill  and  spill 
protection that meets the applicable  requirements  of  sections  2.6.1.1  to 
2.6.1.6.
  (c)  An API standard 653 internal inspection  shall  be  performed   within 
5 years of the effective  date  of  these  rules.   The   inspection    shall 
determine that the  tank  wall  and  bottom  thickness  exceed  the   minimum 
allowable thickness under the API  standard  653  and  establish  a  baseline
 for  the development of a corrosion rate for each tank.   A  subsequent  API 
standard 653 internal tank inspection shall  be  conducted,  for  each  tank, 
within 5 years to establish the calculated corrosion rate for the  tank.   In 
addition, within  5 years of the effective date of  these  rules,  each  tank 
shall be provided  with overfill and spill protection  shall  be   added   in 
compliance  with  applicable requirements of sections 2.6.1.1 to 2.6.1.6.
  (d)   Within  5  years  of  the   effective   date    of    these    rules, 
provide liquid-tight secondary containment for the tank by doing any  of  the 
following:
  (i)   Installing  a  double   bottom   using    an    integral    secondary 
containment system, which has a monitored interstitial space approved by  the
 department that will not increase the hazard to public health,  safety,  and 
welfare  and the environment.
  (ii)   Installing  a  steel  second  bottom   that    has    a    monitored 
interstitial space.
  (iii)  Installing an external impermeable liner under the  existing  bottom 
and providing an external leak detection system between the tank bottom   and 
the impermeable liner.
  (iv)  Employing other methods acceptable to the department based   on   the 
best interest of public health, safety, and welfare and the environment.
The monitoring system for the interstitial  space  shall  be  continuous  and 
sound an alarm if water or the product stored in the  tank  is  detected.   A 
cathodic protection system shall also be installed  as  required  in  section 
2.2.6.1.3.  In addition, overfill and spill  protection  shall  be  added  in 
compliance with sections 2.6.1.5 and 2.6.1.6.
  (e)  Install a secondarily contained tank system which is   in   compliance 
with section 2.3.2.3.3 and which has a continuous leak  detection  system  in
 the interstice.  The monitoring system shall sound  an  alarm  if  water  or
 the product stored in the tank is detected.  A corrosion  protection  system 
shall also be installed as required in section 2.2.6.1.3.     In    addition, 
overfill and spill protection shall be added in  compliance   with   sections 
2.6.1.5  and 2.6.1.6.
  (f)   Provide  liquid-tight  secondary  containment   that    meets     the 
requirements  of  section  2.3.2.3.2.   In  addition,  overfill   and   spill 
protection  shall  be added in compliance with sections 2.6.1.5 and 2.6.1.6.
  (g)  Employ other methods as approved by the department  based    on    the 
best interest of public health, safety, and welfare and the environment.
  (h)   Replace  the  existing  tank  with  a  new  tank  that   meets    all 
the requirements of these rules.
2.3.2.7.2(a) Within 5 years of the effective date  of  these  rules,  if  the 
requirements of section 2.3.2.7.2 have not been met or the tank has not  been 
permanently closed  under  section  2.6.4.1,  the  tank  is  subject  to  the 
provisions of section 1.10.1 to section 1.10.6.
2.3.2.7.2(b) All persons utilizing STI SP001-00 or API standard 653 to comply 
with this rule shall do all of the following:
  (a)  Notify the department not less  than  15  days  in  advance    of    a 
scheduled API standard 653 or STI SP001-00 internal inspection,  unless   the 
department  is  notified  and   approves   an    emergency    inspection.
Notification  of  the inspection shall be on form EQP3899 found  in  appendix 
"A"  provided  by  the department.
  (b)  Perform routine in-service inspections under API  standard   653    or 
STI SP001-00 and maintain records on file for 3 years.
  (c)  Testing and  inspection  records,  inspector   recommendations,    and 
actions  undertaken   to   address   structural    integrity    issues    and 
recommendations  shall be retained for the  life  of  the  tank   and   shall 
be  accessible  to  the department.
  (d)  Any repairs related to the structural integrity of the  tank,    which 
are recommended by the API standard 653 or STI SP001-00  certified  inspector 
shall be addressed in a manner consistent  with  the  requirements  of  these 
rules  and in accordance with API standard  653  or  STI    SP001-00.     The 
operator  may utilize alternate repair methods acceptable to the   department 
if  they  are equally effective at mitigating the  identified  defect   based 
on  the  best interest of  public  health,  safety,  and  welfare   and   the 
environment.
Inspections, reports, and repair records shall be retained for  the  life  of 
the tank.
  (e)  All API standard 653 or STI SP001-00  certified   inspector    reports 
shall include a complete assessment of the total surface of the  tank  bottom 
using a method of thickness measurement or be cited in the API standard   653 
or  STI SP001-00 standards based on the best  interest  of   public   health, 
safety,  and welfare and the environment.
  (f)  Internal tank inspection shall be summarized on form   EQP3896   found 
in appendix "A" provided by the department.  The form shall be  submitted  to 
the department within 60 days of completion of the inspection.
2.3.2.7.2(c) For tank systems in which the bottom or walls of the  tank  have 
been internally lined before to the effective date of these rules, all of the 
following provisions shall be complied with:
  (a)  Within 10  years  of  the  internal  lining,  and  every    5    years 
thereafter, the lined tank shall be internally inspected and  found   to   be 
structurally sound with the lining still bonded to the tank  and   performing 
in  accordance with the original design specifications.
  (b)   Personnel  shall  be  certified  in  nondestructive  testing,   level 
I competence, in accordance  with   the   guidelines   specified    by    the 
american  society  for  nondestructive    testing    entitled    "Recommended 
Practice  Number SNT-TC-1A,  Personnel  Qualification  and  Certification  in
  Nondestructive  Testing,"  adopted  by  reference  in   section   7.1.2.12, 
including being certified in administering training to, and   examining   and 
retesting,   personnel   for  certification  of   tank     entry,     surface 
preparation,  inspection,  ultrasonic thickness gauging, manway closure,  and 
testing.
  (c)  Equipment used for ultrasonic  thickness  gauging   shall    have    a 
minimum measurement  range  of  0.50  inches   (13    millimeters)    to    2 
inches   (51 millimeters) and a  minimum  resolution  of  0.002  inches  (.05 
millimeters).
  (d)  After the tank has been emptied, the internal  tank   surfaces   shall 
be cleaned as required for the use of ultrasonic thickness gauging.
  (e)  For gauging measurement control, tank  walls  and  bottom   shall   be 
divided into sections.  Measurements for tank walls shall be divided  into  3 
foot  (.9 meters) by 3 foot (.9 meters) sections beginning at the bottom   of 
the  tank and extending outward along the tank circumference  and  along  the 
tank length.
Any additional area of the tank wall that is less than 3 foot (.9 meters)  by 
3 foot (.9 meters) shall be measured and treated as an additional  section.
Measurements for tank bottoms shall divide  the  tank  bottom  into  4  equal 
divisions by establishing horizontal and vertical diameter lines  as  axes.
Each division shall be divided into 3 feet (.9 meters) by 3 feet (.9  meters) 
sections beginning at the center point and extending  outward  on  each  axis 
line.  Any additional area of the tank bottom that is less than  3  feet  (.9 
meters) by 3 feet (.9 meters) shall be measured and treated as an  additional 
section.
  (f)  Section gauging.  Thickness gauging measurements shall be  taken    in 
the center of each section of the tank wall and bottom.   Thickness  readings
 of 75% or  less  than   the   original   wall   thickness    specified    in 
underwriters laboratories standard 142 (UL  142),  adopted  by  reference  in 
section  7.1.2.8, shall require further gauging prescribed.  For readings  of 
more than  75%  of the original wall thickness, as specified in UL 142, shall 
be reported as the average wall thickness for the section.
  (g)  Gauging  section  subdivisions.   Sections  that   have    a    center 
gauge measurement of 75% or  less  than  the  original  wall   thickness   as 
specified  in UL  142  shall  be  subdivided  into  9  equal  subdivisions.
Thickness gauging  for each of the subdivisions shall be taken at the  center 
of each  subdivision.
The subdivision thickness readings shall then be averaged to get the  average 
wall thickness for the section.
  (h)  Thin wall target  area   gauging.    Areas   that    have    thickness 
gauging measurements that are less  than   50%   of   the    original    wall 
thickness  as specified in UL 142 shall each receive 8 additional readings.
Four of the  8 readings shall be equally spaced readings and each  of  the  4 
readings shall be at a 1 ½ inch (38  millimeters)  radius  from  the  initial 
reading.  The 4  other readings shall be equally spaced readings  each  at  a 
3-inch  (76  millimeters) radius from the initial reading.  The  average   of 
the  8  readings  shall  be reported as the average reading of the thin  wall 
target areas.
  (i)  Average tank wall thickness.  The average tank wall  thickness   shall 
be established by averaging  all  of  the  section  thicknesses  reported.
Thickness gauge readings shall be  reported  on  an   ultrasonic    thickness 
gauging  report form that conforms to the requirements of  subdivisions   (e) 
to  (i)  of  this section.
  (j)  The owner, operator, or designated   internal    assessment    company 
shall notify the department of all tank liner inspections not  less  than  15
 days before the  scheduled   inspection   on   form   EQP3899    found    in 
appendix  "A" provided by the department.
  (k)  The lining thickness shall be a minimum of 100-mil dry film  thickness 
or greater.  In addition, the lining hardness shall be   tested    using    a 
barcol hardness tester, GYZJ 935,  to  determine  that   the    lining    has 
maintained  a hardness that meets the manufacturer's specifications  for  the 
product stored.
  (l)  The inspecting company shall  provide  the  owner  or  operator   with 
a complete report of the  lining  and  tank   evaluation,    including    the 
items specified in  subdivisions  (a)  to  (k)  of   this    section.     The 
certified ultrasonic testing inspector shall sign  and  date   the   internal 
inspection report.
  (m)  A corrosion protection system shall be installed on    the    exterior 
tank bottom as required in section 2.2.6.1.3.  In  addition,   overfill   and 
spill protection shall be added  in  compliance  with  sections  2.6.1.5  and 
2.6.1.6.
2.3.2.7.3  Shop-fabricated  tanks  not  on-grade.   Within  5  years  of  the 
effective date of these rules, all aboveground shop-fabricated storage tanks, 
which are 50,000 gallons (190,000 liters) or less in size and which  are  not 
on-grade shall comply with the applicable overfill and spill requirements  of 
sections 2.6.1.1 to 2.6.1.6.  In addition, within 10 years of  the  effective 
date of these rules, an owner or operator shall be in compliance  with  1  of 
the following provisions:
  (a)  A STI SP001-00  inspection  shall  be  performed  by  a  STI  SP001-00 
certified inspector.  The inspection shall  determine  that  the  tank   wall 
and  head thicknesses exceed the minimum allowable thicknesses under the  STI 
SP001-00.
A subsequent STI SP001-00 inspection shall be conducted not  less  than  once 
every 10 years.
  (b)  If an API standard 653  internal  inspection  performed  by   an   API 
standard 653 certified inspector has been performed and completed   with   an 
established  calculated  corrosion  rate  based  on   original   construction 
thickness  data  or deterministic methods in accordance with   API   standard 
653  at  the  time  of inspection, no action needs to be taken until the next
 recommended  internal inspection.  The API  standard  653-inspection  report 
shall be available to the department  documenting  the  calculated  corrosion 
rate.
  (c)  An API  standard  653  internal  inspection  shall  be   performed.
The inspection shall determine that the tank wall and bottom thickness exceed 
the minimum  allowable  thickness  under   the   API   standard    653    and 
establish  a baseline for the development of a corrosion rate for each tank.
A subsequent API standard 653 internal tank inspection  shall  be  conducted, 
for each  tank, within 5 years to establish the calculated corrosion rate.
  (d)  Liquid-tight secondary containment,  which  meets   the   requirements 
of sections 2.3.2.3.1, 2.3.2.3.2, or 2.3.2.3.3.
  (e)  Provide  other  secondary  containment  methods  as   acceptable    to 
the department based on the best interests of public  health,   safety,   and 
welfare and the environment.
  (f)  Replace the existing tank with a new  secondary    containment    tank 
that meets all of the requirements of these rules.
2.3.2.7.3(a)  Within 10 years of the effective date of these  rules,  if  the 
requirements of section 2.3.2.7.3 have not been met or the tank has not  been 
permanently closed  under  section  2.6.4.1,  the  tank  is  subject  to  the 
provisions of section 1.10.1 to section 1.10.6.
2.3.2.7.3(b) All persons utilizing STI SP001-00 or API standard 653 to comply 
with this section shall do all the following:
  (a)  Notify the department, not less  than  15  days  in  advance   of    a 
scheduled API standard 653 or STI SP001-00 internal inspection,  unless   the 
department  is  notified  and   approves   an    emergency    inspection.
Notification  of  the inspection shall be on form EQP3899 found  in  appendix 
"A"  provided  by  the department.
  (b)  Perform routine service  inspections  under  API  standard   653    or 
STI SP001?00 and maintain records on file for not less than 3 years.
  (c)  Testing and  inspection  records,  inspector   recommendations,    and 
actions  undertaken   to   address   structural    integrity    issues    and 
recommendations  shall be retained for the  life  of  the  tank   and   shall 
be  accessible  to  the department.
  (d)  Any repairs related to the structural integrity of  the   tank    that 
are recommended by the API standard 653 or STI SP001-00  certified  inspector 
shall be addressed in a manner consistent  with  the  requirements  of  these 
rules  and in accordance with API standard 653 or STI SP001-00.   The   owner 
or   operator  may  utilize  alternate  repair  methods  acceptable  to   the 
department if they are equally  effective  at  mitigating   the    identified 
defect  based  on  the  best interests of  public   health,    safety,    and 
welfare  and  the  environment.
Inspections, reports, and repair records shall be retained for  the  life  of 
the tank.
  (e)  All API standard 653 or STI SP001-00  certified   inspector    records 
shall include a complete assessment of the total surface of  the  tank  by  a 
method of thickness measurement cited in  the  API  standard  653   or    STI 
SP001-00  or  be acceptable to the department based on the best interests  of
 public  health, safety, and welfare and the environment.
  (f)  Internal tank inspection shall be summarized on form   EQP3896   found 
in appendix "A" provided by the department.  The form shall be  submitted  to 
the department within 60 days of completion of the inspection.

  History: 2003 AACS.


R 29.5222  Installation of underground tanks.
  Rule 222.  Sections 2.3.3.1 and 2.3.3.5.1 of the FL/CL code   are   adopted 
with the following changes  and  sections  2.3.3.1.1,  2.3.3.1.2,  2.3.3.1.3,
 and 2.3.3.4.5(a) are added to the FL/CL code, and section 2.3.3.5.2  of  the 
FL/CL code is deleted as follows:
2.3.3.1 Excavation for an underground storage tank shall  be  made  with  due 
care to avoid undermining the foundation of existing structures.  Tanks shall 
not be installed at a location where loads from adjacent  structures  of  any 
kind can be transmitted  to  the  tank.   A  structure  or  foundation  of  a 
structure shall not be erected or constructed within 10 feet (3 meters)  from 
any point on the tank surface, unless the footings extend to  the  bottom  of 
the tank.  The distance from any part of the tank that stores liquid  to  the 
nearest wall of any basement, pit, or property line shall not be less than 10 
feet (3 meters).
2.3.3.1.1 An underground storage tank system shall not  be  installed  within 
the following distances of the following items:
  (a)  Fifty feet (15.2 meters) from a single-family drinking   water   well, 
as defined in the groundwater quality control act, part 127, 1978   PA   368, 
MCL 333.12701 et seq., and rules promulgated under Part 127 of 1978 PA 368.
  (b)  Seventy-five feet (22.5 meters) from a type IIb noncommunity  or  type 
III public drinking water well, as defined in the Michigan   safe    drinking 
water act, 1976 PA 399, MCL 325.1001 et seq., and rules   promulgated   under 
1976  PA 399.
  (c)  Two-hundred feet (61 meters)  from  a  type  I  community   or    type 
IIa noncommunity public drinking water well, as  defined  in  1976  PA   399, 
MCL 325.1001 et seq., and rules promulgated under 1976 PA 399.
2.3.3.1.2 Single-wall USTs shall be kept more than 300 feet (92 meters)  from 
single?family drinking water wells, 800 feet (244 meters) from type  IIb  and 
III noncommunity drinking water wells, 2,000 feet (610 meters)  from  type  I 
community and type IIa  noncommunity  drinking  water  wells.   Single-walled 
storage tanks shall not be installed  in  a  delineated  wellhead  protection 
area.  Secondarily contained USTs may be installed in these areas.
2.3.3.1.3 The requirements of subsections 2.3.3.1.1(d) and 2.3.3.1.2  may  be 
modified if a person  can  demonstrate  that  the  underground  storage  tank 
installation is, or is not, within a source water protection  area,  wellhead 
protection area, or wellhead zone of influence based on the best interests of 
public health, safety, and welfare and the environment.
2.3.3.4.5(a) Spill protection shall be provided around the  fill  connections 
to minimize the possibility of releases into  the  subsurface  soils,  ground 
water, and surface water.
2.3.3.5.1 When subject to  flooding,  high  water  table,  or  other  buoyant 
forces, each tank shall be safeguarded from movement by  anchoring  or  other 
means acceptable to the department based on  the  best  interests  of  public 
health, safety, and welfare and the environment.
2.3.3.5.2 is deleted.

  History: 2003 AACS.


R 29.5223  Storage tank buildings.
  Rule 223.  Sections 2.3.4.1, 2.3.4.4.1, 2.3.4.4.4,  2.3.4.5.2,   2.3.4.5.6, 
and 2.3.4.10.2 of the FL/CL code are adopted with the following changes:
2.3.4.1. Scope.  Subsection  2.3.4  shall  apply  to  installation  of  tanks 
storing class I, class II, and class IIIa liquids in storage tank buildings.
Tanks storing class IIIb liquids shall not be required  to  comply  with  the 
provisions of the subsection.  A tank installation that has a canopy or  roof 
shall be constructed of noncombustible materials and have prior  approval  by 
the department based on the best interests  of  public  health,  safety,  and 
welfare and the environment.   This  canopy  or  roof  shall  not  limit  the 
dissipation of heat or dispersion of flammable  vapors  and  cannot  restrict 
firefighting access and control.
2.3.4.4.1 Ventilation of tank  buildings.   Storage  tank  buildings  storing 
class I liquids, or class II or class  IIIa  liquids  at  temperatures  above 
their flash points shall be ventilated at a rate sufficient to  maintain  the 
concentration of vapors within the building at or  below  25%  of  the  lower 
flammable limit.  Compliance with sections 2.3.4.4.2 to  2.3.4.4.5  shall  be 
considered as meeting the requirements of section 2.3.4.4.1.
2.3.4.4.4 Provision shall be made for introduction of make-up air in  such  a 
manner as to avoid short-circuiting the ventilation.   Ventilation  shall  be 
arranged to include all floor  areas  or  pits  where  flammable  vapors  can 
collect.  Where natural ventilation  is  inadequate,  mechanical  ventilation 
shall be provided and shall be kept in operation while flammable liquids  are 
being handled.  Location or spot ventilation, if provided, shall be permitted 
to be used for up to 75% of the required ventilation.
2.3.4.5.2 Drainage from tank buildings.  A facility  shall  be  designed  and 
operated to prevent the discharge of flammable  and  combustible  liquids  to 
public waterways, public sewers, or adjoining property.
2.3.4.5.6 Emergency drainage  systems,  if  connected  to  public  sewers  or 
discharged into surface water, shall be equipped with traps or  separators.
These properly designed traps, separators, holding tanks, or  other  approved 
means  shall  be  maintained  according  to  the   manufacturer's   operating 
instructions by the owner or operator and shall  be  emptied  of  accumulated 
product before reaching safe storage capacity.
2.3.4.10.2 Detection and alarm for tanks inside tank buildings.   Areas  that 
include buildings where the potential exists for  a  flammable  liquid  spill 
shall be monitored as appropriate.  Monitoring methods shall include both  of 
the following:
  (a)  Personal observation or patrol.
  (b)  Monitoring equipment that indicates a spill or leak has  occurred   in 
an unattended area.

  History: 2003 AACS.


R 29.5224  Testing requirements for tanks.
  Rule 224.  Section 2.4.2 of the  FL/CL  code  is  deleted   and    sections 
2.4.3.1, 2.4.3.2, 2.4.3.3, and 2.4.3.4 are added to the FL/CL code as follows:
2.4.2 Exception is deleted.
2.4.3.1 The tank tightness testing for USTs shall be capable of  detecting  a 
0.1?gallon (.4 liters) per hour leak  rate  or  another  test  of  equivalent 
performance for any portion of the tank while accounting for the  effects  of 
all of the following:
  (a)  Thermal expansion or contraction of the product.
  (b)  Vapor pockets.
  (c)  Tank deformation.
  (d)  Evaporation or condensation.
  (e)  The location of the water table.
2.4.3.2 Tank tightness testing for  an  aboveground  storage  tank  shall  be 
conducted by either of the following:
  (A)  By a method approved by the department based on the   best   interests 
of public health, safety, and welfare  and  the  environment.    The   method 
utilized shall account for the effects of all of the following:
  (i) Thermal expansion or contraction of the product.
  (ii) Vapor pockets.
  (iii) Tank deformation.
  (iv) Evaporation or condensation.
  (v) The location of the water table.
A guide to leak detection for aboveground  storage  tanks  can  be  found  in 
Associated Petroleum Industries, Publication 334,  adopted  by  reference  in 
section 7.1.2.1.
  (B)  By a visual inspection of all exterior surfaces of the tank and  where 
a tank is installed on-grade, a  visual  and  physical  inspection   of   the 
interior surface of  the  tank.   The  interior   surface   of    the    tank 
installed  on  or below-grade, shall be cleaned  so  that  any  hole  through 
which liquid may  flow is capable of being detected.
2.4.3.3 The department has the authority to disapprove any existing or future 
testing device or procedure used under sections 2.4.3.1 and 2.4.3.2 based  on 
the best interests of public health, safety, and welfare and the environment.
The department may prohibit a person from performing tank tightness   testing 
if that person does not conduct testing in accordance with the testing device 
manufacturer's operating procedures and instructions.
2.4.3.4 If the tightness test or the presence of a release is the  reason  to 
suspect tank leakage, the department may require, at the expense of the owner 
or operator, a site assessment of the area surrounding the suspect tank.   In 
performing the site  assessment,  the  owner  or  operator  shall  take  into 
consideration the nature of the stored substance,  the  sample  type,  sample 
locations, soil type, depth to groundwater, and other factors appropriate for 
identifying the presence, and source of the release.

  History: 2003 AACS.


R 29.5225  Fire prevention and controls.
  Rule 225.  Control of Ignition Sources.  Section 2.5.3.2 of the FL/CL  code 
is adopted with the following changes:
2.5.3.2 Smoking shall be permitted only in designated and properly identified 
areas.  "No Smoking" signs shall be conspicuously posted where a hazard  from 
flammable vapors may be present.

  History: 2003 AACS.


R 29.5226  Operation and maintenance of tanks.
  Rule 226.  Section 2.6.1.1 of  the  FL/CL  code  is  adopted    with    the 
following changes and sections 2.6.1.5 and 2.6.1.6 are  added  to  the  FL/CL
 code  as follows:
2.6.1.1 Aboveground tanks at terminals that  receive  and  transfer  class  I 
liquids from mainline pipelines or marine vessels shall meet the requirements 
of sections 5j to 5o of 1941 PA 207, MCL 29.5j to MCL 29.5o and shall  follow 
formal written procedures to prevent overfilling of tanks  utilizing  one  of 
the following methods of protection:
  (a)  Tanks shall be gauged  at  frequent  intervals  by  personnel  on  the 
premises during product  receipt  with  frequent   communication   maintained 
with  the supplier so flow can be promptly shut down or diverted.
  (b)  Tanks shall be equipped with  a  high-level  detection   device   that 
is independent of any gauging equipment.   The  alarm  shall    be    located 
where personnel, who are on duty throughout product transfer,  can   promptly 
arrange for flow stoppage or diversion.
  (c)  Tanks shall be equipped with  an  independent   high-level   detection 
system that will automatically shut down or divert flow.
  (d)  Alternative to the instrumentation described in  sections   2.6.1.1(b) 
and (c) where approved by the department as affording  equivalent  protection 
based on the  best  interests  of  public  health,  safety,    and    welfare 
and  the environment.
2.6.1.5 An aboveground tank, not covered  under  section  2.6.1.1,  shall  be 
equipped with  means  that  are  accessible  to  the  delivery  operator  for 
determining the liquid level in the tank.  Provisions shall be made to either 
automatically stop the delivery of the liquid to the  tank  when  the  liquid 
level in the tank reaches 95% of the capacity of the tank or sound an audible 
alarm when the tank reaches 90% of  the  capacity  of  the  tank.   Refer  to 
section 2.3.2.3.3(d) for  overfill  prevention  requirements  with  secondary 
containment tanks that provide  spill  control  in  accordance  with  section 
2.3.2.3.3.
2.6.1.6 The area  that  surrounds  the  fill  pipe  or  the  liquid  transfer 
connection of any storage tank shall have spill containment that will prevent 
release of liquid into the environment when the  transfer  hose  is  detached 
from the fill pipe or the transfer connection.

  History: 2003 AACS.


R 29.5227  Identification and security.
  Rule 227.  Section 2.6.2.3 is added to the FL/CL code as follows:
2.6.2.3 Each aboveground tank that is used to store liquids shall be  labeled 
according to 1 of the following provisions:
  (a)  Depending upon the classification of the   liquid   in    the    tank, 
either "Flammable Liquids - Keep Fire Away" or   "Combustible    Liquids    - 
Keep  Fire Away," shall be displayed in letters that are  not    less    than 
3-inches  (76 millimeters) in height.
  (b)  NFPA pamphlet number 704, "Standard System  for   the   Identification 
of Fire Hazards of Materials," 1996 edition,  adopted   by    reference    in 
section 7.1.1.

  History: 2003 AACS.


R 29.5228  Temporary or permanent removal from service of aboveground tanks.
  Rule 228.  Sections 2.6.4.1, 2.6.4.2, and  2.6.4.3  of  the   FL/CL    code 
are adopted with the following changes:
2.6.4.1 Closure of aboveground storage tanks.  Tanks that are  no  longer  in 
use for greater than 12 months shall be  closed.   To  permanently  close  an 
aboveground storage  tank  that  is  no  longer  needed  to  store  regulated 
substance, the owner or operator shall notify the department, not  less  than 
30 days before the intended closure, on form EQP3858 found  in  appendix  "A" 
provided by the department.  To  permanently  close  an  aboveground  storage 
tank, the owner or operator shall empty and clean the tank of all liquid  and 
sludge, render it vapor-free, and safeguard it against  trespassing.   Piping 
that is permanently removed from service shall be emptied of all liquids  and 
sludge, be purged and capped, or be removed from the ground.
2.6.4.2 Each used tank that is to  be  reused  for  liquid  at  the  original 
location or a new location shall be in compliance with all  the  requirements 
for the installation of a new tank, and be recertified by the manufacturer or 
by one of the acceptable standards.
2.6.4.3 Upon permanent closure of an aboveground  storage  tank,  visible  or 
olfactory or analytical evidence of a flammable or combustible liquid beneath 
or surrounding the tank system constitutes a release as  defined  in  section 
20101(1)(bb) of 1994 PA 451, MCL 324.20101 et seq., and  is  subject  to  the 
provisions in section 2.3.2.3.
2.6.4.4 An aboveground storage tank system shall  be  considered  temporarily 
closed if it is empty for more than 30 continuous days and is intended to  be 
brought back into  use  within  12  months.   The  owner  shall  provide  the 
department  with  written  notification,  using  the  change-in-service  form 
provided  by  the  department,  indicating  that  the  AST  system  will   be 
temporarily closed for not more than 12 months and that the owner intends  to 
bring the AST system back into service within the 12-month period.
  (a)  If an AST system  is  temporarily  closed,  then  the    owners    and 
operators shall also comply with both of the following requirements:
  (i)  Leave vent lines open and functioning.
  (ii)  Cap and  secure  all  other  lines,  pumps,  manways,  and  ancillary 
equipment.
  (b)  If an AST system is temporarily closed for more than 12  months,  then 
the owners and  operators  shall  permanently  close   the   AST   system.
Immediately before bringing an AST system back into  use,  the   owners   and 
operators  shall perform a hydrostatic  testing  on  the  system  or  another 
method  acceptable  to the department based on the best interests  of  public
 health,  safety,  and welfare and the environment.

  History: 2003 AACS.


R 29.5229  Temporary or permanent removal from service of underground tanks.
  Rule 229.  Sections 2.6.5.3,  2.6.5.4,  2.6.5.6,  2.6.5.7,   2.6.5.8,   and 
2.6.5.9 of the FL/CL  code  are  adopted  with  the  following  changes   and 
section 2.6.5.4.1 is added to the FL/CL code as follows:
2.6.5.3 Permanent closure of underground storage tanks.  Tanks  that  are  no 
longer used to store liquid shall  be  permanently  closed.   To  permanently 
close a tank, the owner or operator shall notify  the  department,  not  less 
than 30 days before the actual closure.  The owner or  operator  shall  empty 
and clean the tank by removing all liquids and accumulated sludge  and  purge 
it of all vapors.  All tanks that are taken out of service permanently  shall 
also be either removed from the ground or, when a structure above or near the 
tanks prevents removal, filled with an inert solid material.  Piping that  is 
permanently removed from service shall be emptied of all liquids and  sludge, 
be purged and capped, or be removed from the ground.
2.6.5.4  Removal  and  disposal.   Underground  tanks  shall  be  removed  in 
accordance with all of the following requirements:
  (a)  The steps described in section 2.6.5.3 shall be followed.
  (b)   All  exposed  piping,  gauging  and  tank   fixtures,    and    other 
appurtenances, including the vent, shall be disconnected and removed.
  (c)  All openings shall be plugged, leaving  a  ¼  inch   (8   millimeters) 
opening to avoid buildup of pressure in the tank.
  (d)  The tank shall be removed from the  excavated  site  and   shall    be 
secured against movement.
  (e)  Any corrosion holes shall be plugged.
  (f)  The tank shall be labeled with  its  former  contents,  present  vapor 
state, vapor-freeing method, and a warning against reuse.
  (g)  The tank shall be removed from the site promptly,    preferably    the 
same day.
2.6.5.4.1 Upon closure of an underground  storage  tank,  a  site  assessment 
shall be performed that meets the requirements of R 29.2155.
Exception:  This does not apply to farm and residential  tanks  that  have  a 
capacity of 1,100 gallons (4,180 liters) or less.
2.6.5.6 Disposal of  tanks.   Disposal  of  tanks  shall  meet  both  of  the 
following requirements:
  (a)  Before a tank is cut up for scrap or disposal,  the   atmosphere    in 
the tank shall be tested to ensure that it is safe.
  (b)  The tank shall be made unfit for further use by  cutting   holes    in 
the tank heads and shell.
2.6.5.7 Documentation.  All necessary documentation shall  be  maintained  by 
the owner or  operator  of  the  removed  tank  and  shall  be  prepared  and 
maintained in accordance with all federal and state rules and regulations.
2.6.5.8 Reuse of underground tanks.  Each used tank that is to be reused  for 
liquid storage at the original location shall be in compliance with  all  the 
requirements for the installation of  a  new  tank  and  recertified  by  the 
manufacturer or by one of the acceptable standards.
2.6.5.9 Change of service for underground  tanks.   Tanks  that  undergo  any 
change of stored product shall meet both of the following requirements:
  (a)  Tanks  that  undergo  any  change  of  stored  product   shall    meet 
the requirements of section 2.2 of the FL/CL code.
  (b)  Tanks no longer storing flammable or combustible liquids  shall   have 
a site assessment performed that meets the requirements of R 29.2155.
Exception:  This does not apply to farm or  residential  tanks  that  have  a 
capacity of 1,100 gallons (4,180 liters) or less.

  History: 2003 AACS.


R 29.5230  Leak detection for aboveground and underground tanks.
  Rule 230.  Sections 2.6.6.1, 2.6.6.2, and 2.6.6.2.1 are  added    to    the 
FL/CL code as follows:
2.6.6.1 Leak detection for underground tanks.  A monthly monitoring method of 
release detection shall be chosen  for  each  underground  storage  tank,  in 
compliance with R 29.2125.
2.6.6.2 Leak  detection  for  aboveground  tanks.   Within  5  years  of  the 
effective date of these rules, accurate inventory control or  an  appropriate 
leak detection method that is acceptable to the department  is  required  for 
all aboveground storage tank systems that are in contact with the  ground  or 
have underground piping systems.  This leak detection method shall  be  based 
on  the  best  interest  of  public  health,  safety,  and  welfare  and  the 
environment.
2.6.6.2.1 Inventory records or a leak detection method is not required  where 
all surfaces, other than support  locations,  of  the  tank  and  piping  are 
available for visual inspection and  are  inspected  on  a  monthly  basis.
Inspection shall be documented and reports maintained for  not  less  than  3 
years.

  History: 2003 AACS.


R 29.5231  Tank maintenance.
  Rule 231.  Section 2.6.7.5 is added to the FL/CL code as follows:
2.6.7.5 Each tank shall be maintained to ensure  that  water  is  removed  in 
accordance with recognized industry  standards;  however,  not  more  than  2 
inches (50 millimeters) of water shall exist in a motor fueling tank  at  any 
time.

  History: 2003 AACS.


R 29.5232  Protection and care of tank yard.
  Rule 232.  Sections 2.6.8 and 2.6.9 are added to the FL/CL code as follows:
2.6.8 Protection and care  of  tank  yard.   The  area  that  encompasses  an 
aboveground yard, including a  dike  and  all  aboveground  piping  shall  be 
secured by means of locking valves, locking electrical controls  for  pumping 
equipment, or metal fencing to  discourage  trespassing.   Fencing  shall  be 
industrial chain link fence that is not less than 6 feet (1.8 meters) high.
The tank yard is not required to be fenced if the property that surrounds  it 
is properly fenced.
2.6.9  Stairways,  attached  ladders,  and  walkways.   Stairways,   attached 
ladders, and walkways on top  of  a  tank  shall  be  of  metal  or  concrete 
construction.  For each tank that is not equipped with stairways or  attached 
ladders, the owner shall have other approved means readily  available,  which 
are capable of providing safe access to the top of each tank.

  History: 2003 AACS.


R 29.5233 General requirements.
  Rule 233.  Section 3.2.2 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections 3.2.3 and 3.2.4 are added to the FL/CL code as 
follows:
3.2.2 Tightness of piping.  Piping systems shall be maintained liquid-tight.
A piping system that has leaks shall be emptied of liquid and repaired  in  a 
manner acceptable to the department based on  the  best  interest  of  public 
health, safety, and welfare and the environment.
3.2.3 Flexible connectors.  Flexible connectors  shall  be  listed  and  used 
according to the listing and be provided with corrosion  protection  when  in 
contact with the ground or soil.
3.2.4  Underground  piping.   Underground  piping   connected   directly   to 
aboveground storage tanks or pressurized underground piping systems shall  be 
provided with secondary containment, or  installed  in  a  liquid-tight  pipe 
trench to contain a release from any portion of the  pipe  and  a  monitoring 
system designed to detect any release.

  History: 2003 AACS.


R 29.5234  Materials for piping systems.
  Rule 234.  Sections 3.3.4 and 3.3.5 of the FL/CL code are   adopted    with 
the following changes:
3.3.4 Low-melting materials.  Low-melting point materials, such as  aluminum, 
copper, and brass; materials that soften on fire exposure, such as  plastics; 
or nonductile material such as cast  iron  shall  be  permitted  to  be  used 
underground within the pressure and  temperature  limitations  of  ASME  B31, 
"Code for Pressure Piping," adopted by reference  in  section  7.1.2.2.   The 
materials may be used outdoors aboveground or inside buildings if they are in 
compliance with all of the following provisions:
  (a)  Resistant to damage by fire.
  (b)  Located so that any leakage  resulting   from   failure    will    not 
unduly expose persons, important buildings, or structures.
  (c)  Located where leakage can readily be controlled by  operation   of   1 
or more accessible remotely located valves.
The piping materials chosen  shall  be  compatible  with  the  liquids  being 
handled.  Piping systems constructed of  materials  compatible  with  liquids 
being handled shall be approved, listed, or labeled.
3.3.5 Lining Materials.  Piping, valves, and fittings may have combustible or 
noncombustible linings, if the lining is compatible with the material stored.

  History: 2003 AACS.


R 29.5235  Installation of piping systems.
  Rule 235.  Sections 3.5.1, 3.5.2, 3.5.3, 3.5.5.2, and  3.5.5.3    of    the 
FL/CL code are adopted with the following changes:
3.5.1 Supports.   A  piping  system  shall  be  substantially  supported  and 
protected  against  physical  damage  and  excessive  stresses  arising  from 
settlement,  vibration,  expansion,  or  contraction.   The  installation  of 
nonmetallic  piping  shall  be  in   accordance   with   the   manufacturer's 
instructions.  Supports  for  aboveground  piping  shall  be  constructed  of 
noncombustible material.
3.5.2 Load-bearing supports.  Load-bearing supports which are  more  than  12 
inches (300 millimeters) above the ground and which are located in areas that 
have high fire exposure risk  shall  be  protected  by  drainage  to  a  safe 
location to prevent liquid from accumulating under pipe-ways and  by  any  of 
the following:
  (a)  Two-hour fire resistant construction.
  (b)  Two-hour fire resistant protective coatings or systems.
  (c)  Water spray systems designed and installed in accordance  with    NFPA 
15, "Standard for Water Spray Fixed Systems  for  Fire  Protection,"  adopted
 by reference in section 7.1.1.
  (d)  Other alternate means acceptable to the department  based    on    the 
best interests of public health, safety, and welfare and the environment.
3.5.3  Pipe  penetrations.   Piping  that  routinely  contains  product   and 
penetrates dike walls shall be properly  maintained  using  good  engineering 
practices.  Monthly visual inspections  shall  be  conducted  to  ensure  the 
integrity of the dike walls.  Pipes may penetrate the dike walls as follows:
  (a)  Above the dike area containment level, or
  (b)  Below the dike area  containment  level  if  sealed  on   both   sides 
to establish a liquid-tight penetration of the wall and the section  of  pipe 
that penetrates the dike wall is coated and wrapped  to  prevent  corrosion.
 All dike  wall  penetrations  shall  be  designed,  engineered,  installed,
 and maintained to prevent erosion, settling, and damage due to vibration.
3.5.5.2 In areas subject to vehicle traffic, the  pipe  trench  shall  be  of 
sufficient depth  to  permit  a  cover  of  not  less  than  18  inches  (450 
millimeters) of well-compacted backfill material and pavement.
Exception 1: In paved areas where a minimum of 8 inches (200 millimeters)  of 
asphalt paving is used, the depth of the backfill between the topmost tier of 
piping and the paving  can  be  reduced  to  not  less  than  8  inches  (200 
millimeters).
Exception 2: In paved areas where a minimum of 6 inches (150 millimeters)  of 
reinforced concrete paving is used, the depth of backfill between the topmost 
tier of the piping and the paving can be reduced to not less  than  4  inches 
(100 millimeters).
3.5.5.3 In areas not subject to vehicle traffic, the pipe trench shall be  of 
sufficient depth to permit 6 inches (150 millimeters)  each  of  bedding  and 
cover of well-compacted backfill material.  A greater burial depth  shall  be 
provided when required by the manufacturer's instructions.
Piping within the same trench shall be separated by 2 pipe diameters.  Piping 
need not to be separated by more than 9 inches (225 millimeters).

  History: 2003 AACS.


R 29.5236  Piping inside a building.
  Rule 236.  Sections 3.5.8.1, 3.5.8.2, and 3.5.8.3 are added  to  the  FL/CL 
code as follows:
3.5.8.1 Each pipe system shall be installed outside a  building,  aboveground 
or underground, except where manufacturing processes require product delivery 
into the building.
3.5.8.2 Each piping system that is located in a building shall be designed so 
that liquid will not continue to  flow  by  gravity  or  siphoning  from  the 
storage tank if the piping or fittings break.
3.5.8.3 Suitable shutoff valves shall be installed at strategic locations  in 
piping that is used for liquid so that the flow of liquid may be stopped at a 
time of emergency, such as fire, line leakage, or building collapse.  Shutoff 
valves shall be installed on the upstream side where  fire  separation  walls 
are pierced, not less than 50 feet (15 meters)  from  each  liquid?dispensing 
station, and at each entry point into the  building.   Each  valve  shall  be 
permanently identified as  to  the  liquid  that  the  valve  controls.   The 
operation of a shutoff valve may be automatic or manual, or  both,  depending 
upon the severity of the hazard involved.  A shutoff valve shall be installed 
on the suction side of the lines under positive static head pressure.

  History: 2003 AACS.


R 29.5237  Anti-siphoning devices.
  Rule 237.  Section 3.5.9 is added to the FL/CL code as follows:
3.5.9.1 Each liquid withdrawal line that goes through the top of the  storage 
tank shall be equipped with an anti-siphoning device or other  means  located 
as close as possible to the top of the tank.

  History: 2003 AACS.


R 29.5238  Pump valves.
  Rule 238.  Sections 3.5.10.1 and 3.5.10.2 are added  to  the   FL/CL   code 
as follows:
3.5.10.1 Each pump delivering liquid  to,  or  withdrawing  liquid  from,  an 
aboveground storage tank shall be provided with a positive shutoff  valve  on 
both sides of the pump.
3.5.10.2 Each piston, rotary, or gear pump shall be provided  with  a  relief 
valve or a bypass to prevent excessive pressure from  being  created  in  the 
piping.

  History: 2003 AACS.


R 29.5239  Pump houses.
  Rule 239.  Sections 3.5.11.1, 3.5.11.2, 3.5.11.3, 3.5.11.4,  and   3.5.11.5 
are added to the FL/CL code as follows:
3.5.11.1 A pump that handles flammable or combustible liquids, or both,  when 
they are not installed in the open outside of buildings, shall be located  in 
a separate building which is  constructed  of  noncombustible  materials  and 
which is not less than 10 feet (3 meters) from other buildings  and  property 
lines.
3.5.11.2 A pump that is installed in a building that is used  for  a  purpose 
other than liquid handling shall be installed in  a  separate  room  that  is 
built in compliance with the provisions of section 4.4.2.
3.5.11.3 Ventilation shall be provided for each room, building, or  enclosure 
in which a liquid is pumped or dispensed.   The  design  of  the  ventilation 
system shall take into account the vapor density of the liquid.   Ventilation 
may be provided by adequate openings in outside  walls  at  floor  level  and 
shall be unobstructed, except by louvers or course  screens.   Where  natural 
ventilation is impractical or  inadequate,  approved  mechanical  ventilation 
shall be provided.
3.5.11.4  Artificial  lighting  and  heating  for  buildings  and  rooms,  if 
provided, shall be approved or listed  for  use  in  hazardous  locations  or 
installed according to NFPA  70,  "National  Electric  code,"  1999  edition, 
adopted by reference in section 7.1.1.
3.5.11.5 Only materials or  equipment  that  is  incidental  to  the  pumping 
operation of flammable or combustible liquids shall be in the pump  house  or 
room where the pumps are installed.

  History: 2003 AACS.


R 29.5240  Testing.
  Rule 240.  Section 3.6.1 of  the  FL/CL  code   is   adopted    with    the 
following changes; sections 3.6.4 and 3.6.5 are added to the  FL/CL  code  as 
follows:
3.6.1 Initial testing.  Unless  tested  in  accordance  with  the  applicable 
section of ASME B31, "Code for Pressure Piping," all piping shall  be  tested 
before being covered, enclosed, or placed in use for the first time or  after 
temporary closure of a tank system.  Testing shall be done hydrostatically to 
150% of the maximum anticipated pressure of the system  or  pneumatically  to 
110% of the maximum anticipated pressure of the system, and the test pressure 
shall be maintained for a  sufficient  time  to  conduct  a  complete  visual 
inspection of all joints and connections.  The test  pressure  shall  not  be 
less than 5 pounds per square inch gauge (gauge pressure of 34.5 kilopascals) 
measured at the highest point of the system, and the test pressure shall  not 
be maintained for less than 10 minutes.
3.6.4 Underground piping connected to an underground tank.  Upon  closure  of 
underground piping connected to an underground tank, a site assessment  shall 
be performed that meets the requirements of R 29.2155.
Exception:  This does not apply to farm and residential  tanks  that  have  a 
capacity of 1,100 gallons (4,180 liters) or less.
3.6.5 For a tank system that has been temporarily closed  for  12  months  or 
more, immediately before bringing a tank system back into use, the owners  or 
operators shall perform  tank  and  piping  tightness  testing  conducted  in 
accordance with the requirements of this part to confirm that the tank system 
is tight.

  History: 2003 AACS.


R 29.5241  Identification.
  Rule 241.  Section 3.9 of  the   FL/CL   code   is   adopted    with    the 
following changes:
3.9 Identification.  Loading and unloading  risers  shall  be  identified  by 
color code or marking to identify the product for which the tank is used.  In 
addition, a tank that stores class II or class III liquid for  sale,  and  in 
the same immediate location as a class I liquid, shall be provided with  some 
positive means, such as a different pipe size, fill device, special lock,  or 
other method, that is designed to prevent the erroneous delivery of  gasoline 
or other class I liquid into a tank that is used for class II  or  class  III 
liquid.

  History: 2003 AACS.


R 29.5242  Design, construction, and capacity of storage cabinets.
  Rule 242.  Section 4.3.1 of  the  FL/CL  code   is   adopted    with    the 
following changes:
4.3.1 Not more than 120 gallons (454 liters) of class I, class II, and  class 
IIIa liquids shall be stored in a storage  cabinet  with  not  more  than  60 
gallons (227 liters) being class I or class II liquids.

  History: 2003 AACS.


R 29.5243  Design and construction requirements.
  Rule 243.  Section 4.4.2.5 of  the  FL/CL  code  is  adopted    with    the 
following changes:
4.4.2.5 Curbs, scuppers, special drains, or other  suitable  means  shall  be 
provided to prevent the flow  of  liquids  under  emergency  conditions  into 
adjacent building areas.  If  a  drainage  system  is  used,  it  shall  have 
sufficient capacity to carry  the  expected  discharge  of  water  from  fire 
protection systems and hose streams to a safe area that is acceptable to  the 
department based on the best interests of public health, safety, and  welfare 
and the environment.  The safe  area  shall  be  capable  of  containing  any 
released product as well as fire protection liquid until they are removed and 
properly  disposed  of.   The  secondary  containment  shall  be  capable  of 
preventing any release of liquid or contaminated water from reaching  surface 
water, groundwater, and subsurface soils.

  History: 2003 AACS.


R 29.5244  Office, educational, and institutional occupancies  and  day  care 
centers.
  Rule 244.  Sections 4.5.5.3 and 4.5.5.4 of the FL/CL code    are    adopted 
with the following changes:
4.5.5.3. Not more than 5 gallons (18.9  liters)  of  class  I  and  class  II 
liquids combined shall be stored in a single fire area outside of  a  storage 
cabinet or an inside liquid storage area unless in safety cans.
4.5.5.4 Not more than 10 gallons (37.8 liters) of class I or class II liquids 
combined shall be stored in a single fire safety area in safety cans  outside 
of an inside liquid storage area or storage cabinet.

  History: 2003 AACS.


R 29.5245  Mercantile occupancies.
  Rule 245.  Section 4.5.6.2 of  the  FL/CL  code  is  adopted    with    the 
following changes:
4.5.6.2 The display  arrangement,  storage  arrangement,  and  maximum  total 
quantity of liquids allowed shall meet the requirements  of  this  subsection 
and table 4.5.6.2.
Table corresponds to rule in PDF format
 
R 29.5245:Table

  History: 2003 AACS.


R 29.5246  Outdoor storage.
  Rule 246.  Section 4.7.3 of  the  FL/CL  code   is   adopted    with    the 
following changes and section 4.7.6 is added to the FL/CL code as follows:
4.7.3 Any storage area that contains the aggregate capacity of 1,320  gallons 
(5,000 liters) of flammable and  combustible  liquid  shall  have  impervious 
secondary containment that diverts possible spills  away  from  buildings  or 
other exposures or shall be surrounded by a curb not less than 6 inches  (150 
millimeters) high.  Where curbs  are  used,  provisions  shall  be  made  for 
draining of accumulations of groundwater, rainwater, or spills of  liquids.
Drains shall terminate  at  a  safe  location  and  shall  be  accessible  to 
operation under fire conditions.  The  safe  location  shall  be  capable  of 
containing any released product as well as any fire protection liquids  until 
they are removed and properly disposed of.  The secondary  containment  shall 
be capable of preventing any released  product  or  contaminated  water  from 
reaching surface water, groundwater, and subsurface soils.
4.7.6 Class I, class II, and class IIIa tanks and containers  shall  be  kept 
closed when not in continuous or intermediate use.

  History: 2003 AACS.


R 29.5247  Scope.
  Rule 247.  Section 5.1.3 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5.1.3 Provisions of this chapter shall not prohibit the temporary use  of  up 
to 12 months for  moveable  tanks  in  conjunction  with  the  dispensing  of 
flammable or combustible liquids  into  fuel  tanks  of  motorized  equipment 
outside on premises not accessible to the public.  Such uses  shall  only  be 
made with the approval of  the  department.   A  paved  dispensing  area  and 
secondary containment are primary requirements for this  approval,  based  on 
the best interests of public health, safety, and welfare and the environment.

  History: 2003 AACS.


R 29.5248  General.
  Rule 248.  Section 5.2.2 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5.2.2. Requirements for specific operations shall be covered in sections  5.3 
to 5.8.  Requirements for procedures and practices for fire prevention,  fire 
protection, environmental protection measures,  and  fire  control  in  these 
operations shall be covered in sections 5.9 to 5.12 and shall be  applied  as 
appropriate.

  History: 2003 AACS.


R 29.5249  Facility design.
  Rule 249.  Section 5.3.3.2 of  the  FL/CL  code  is  adopted    with    the 
following changes:
5.3.3.2 Load-bearing building supports and load-bearing supports  of  vessels 
and equipment capable of releasing appreciable quantities of liquids so as to 
result in a fire of sufficient intensity and duration  to  cause  substantial 
property damage shall be protected by drainage to a safe location to  prevent 
liquids from accumulating under vessels  or  equipment  and  by  any  of  the 
following:
  (a) Two-hour fire-resistive construction.
  (b) Two-hour fire resistant protective coatings or systems.
  (c) Water spray systems designed and installed in accordance   with    NFPA 
15, "Standard for Water Spray Fixed Systems for Fire Protection."
  (d) Other alternate means acceptable to the  department  based    on    the 
best interests of public health, safety, and welfare and the environment.

  History: 2003 AACS.


R 29.5250  Drainage.
  Rule 250.  Section 5.3.5.2 of  the  FL/CL  code  is  adopted    with    the 
following changes:
5.3.5.2 Emergency drainage systems shall not be connected to public sewers or 
public waterways unless they are equipped with separators that  are  provided 
with  an  inspection,  cleaning  and   maintenance   schedule,   and   proper 
documentation.  If connected to  public  sewers  or  discharged  into  public 
waterways, emergency  drainage  systems  shall  be  equipped  with  traps  or 
separators.  The traps, separators, holding tanks, or  other  approved  means 
shall be properly designed and maintained  according  to  the  manufacturer's 
operating instructions by the owner or  operator  and  shall  be  emptied  of 
accumulated product, for which it is intended, before reaching  safe  storage 
capacity.

  History: 2003 AACS.


R 29.5251  Loading and unloading operations and facilities.
  Rule 251.  Sections 5.6.3, 5.6.4, and 5.6.5  of  the   FL/CL    code    are 
adopted with the following changes:
5.6.3 Tank vehicle and tank car loading and  unloading  facilities  shall  be 
separate from aboveground tanks, warehouses, other plant  buildings,  or  the 
nearest line of adjoining property that can be built upon by a  distance  not 
less than 25 feet (7.6 meters) for class I liquids and not less than 15  feet 
(4.6 meters) for class II and class III liquids, measured  from  the  nearest 
fill spout or transfer connection.  These distances shall be achieved by  the 
use of fixed piping between the tank  and  the  transfer  connection.   These 
distances shall be permitted to be reduced by utilizing  an  automatic  fixed 
fire protection system or fire-rated barrier rated for  2  or  more  hours.
Buildings for pumps or shelters for personnel shall be permitted to be a part 
of the facility.
Exception 1:  A fire-protected tank or a tank in a vault does not have to  be 
in compliance with the separation distance requirements for the  loading  and 
unloading risers.
Exception 2:  A tank which has a capacity of 3000 gallons (11,340 liters)  or 
less which is located 10  feet  (3.1  meter)  from  any  building,  which  is 
provided with spill and audible overfill protection or other means acceptable 
to the department based on the best interests of public health,  safety,  and 
welfare and the environment, and which does not have to be in compliance with 
the separation distance requirements for loading and unloading risers.
5.6.4 Provisions shall be made to prevent liquids that can be  spilled  at  a 
loading or unloading facility from  entering  a  public  sewer,  groundwater, 
surface water, subsurface soils, or the impoundment area for the tanks, other 
than remote impounding.  If adequate spill protection is not provided at  the 
loading and unloading areas, a spill pad  shall  be  provided  with  a  fixed 
source of spill  containment  at  the  stationary  dry-break  connection.   A 
connection to a public sewer, drain, or surface water shall be provided  with 
a trap or separator.  The traps, separators, holding tanks, or other approved 
means  shall  be  properly  designed  and   maintained   according   to   the 
manufacturers operating instructions by the owner or operator  and  shall  be 
emptied of accumulated product, for which it  is  intended,  before  reaching 
safe storage capacity.   Existing  locations  shall  be  equipped  with  such 
provisions within 5 years of the effective date of these rules.
5.6.5 A loading or unloading facility that has a canopy, roof,  or  otherwise 
sheltered from the weather shall be constructed of  noncombustible  materials 
and have prior approval by the department based  on  the  best  interests  of 
public health, safety, and welfare and the environment.  The canopy  or  roof 
shall not limit the dissipation of heat or dispersion of flammable vapors and 
cannot restrict firefighting access and control.

  History: 2003 AACS.


R 29.5252  Wharves.
  Rule 252.  Section 5.7.2(3) of  the  FL/CL  code  is  adopted   with    the 
following changes:
5.7.2 (3) Wharves that handle liquefied petroleum gases, as covered  in  NFPA 
59A, "Standard for the Production, Storage, and Handling of Liquefied Natural 
Gas (LNG)," R 29.4001 et seq.

  History: 2003 AACS.


R 29.5253  Control of ignition sources.
  Rule 253.  Section 5.9.2 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5.9.2  Smoking.   Smoking  is  permitted  only  in  designated  and  properly 
identified areas.  "No smoking" signs shall  be  conspicuously  posted  where 
hazard from flammable vapors may be present.

  History: 2003 AACS.


R 29.5254  Vapor recovery and vapor processing systems.
  Rule 254.  Section  5.10.1.2(2)  of  the  FL/CL  code  is   adopted    with 
the following changes:
5.10.1.2(2) Marine and automotive service station systems  that  comply  with 
part 3 of these rules.

  History: 2003 AACS.


R 29.5255  Referenced publications.
  Rule 255.  Sections 7.1.2.1, 7.1.2.5, 7.1.2.7, 7.1.2.8, and  7.1.2.12    of 
the FL/CL code are adopted with the following changes:
7.1.2.1 API publications.
API publication 334, "Guide to Leak Detection for Aboveground Storage Tanks," 
1st edition, March 1996, is added.
API specification 651, "Cathodic Protection of  Aboveground  Storage  Tanks," 
2nd edition, December 1997, is added.
API  specification   653,   "Tank   Inspection,   Repair,   Alteration,   and 
Reconstruction," 3rd edition, December 2001, is added.
7.1.2.5 National association of  corrosion  engineers  (NACE)  international, 
publications.
NACE standard RP-0193, "External Cathodic  Protection  of  On-Grade  Metallic 
Storage Tank Bottoms," is added.
7.1.2.7 STI publications.
STI ACT-100, "Specification for Fabrication of FRP Clad/Composite Underground 
Storage Tanks, Installation Check List, and Record of Installation," is added.
STI  SP001-00,  "Standard  for  Inspection  of  In-Service  Shop   Fabricated 
Aboveground Tanks for Storage of  Combustible  and  Flammable  Liquids,"  1st 
edition, 2000, is added.
7.1.2.8 UL publications.
UL 2080, "Standard for Fire Resistant Tanks  for  Flammable  and  Combustible 
Liquids, 2000," is deleted.
UL 2245, "Standard  for  Below-Grade  Vaults  for  Flammable  Liquid  Storage 
Tanks," 1999, is deleted.
7.1.2.12 American society for nondestructive testing (ASNT) publications.
ASNT SNT-TC-1A, "Personnel Qualification and Certification in  Nondestructive 
Testing," is added.

  History: 2003 AACS.



PART 3.  AMENDMENTS TO THE CODE FOR  MOTOR  FUEL  DISPENSING  FACILITIES  AND 
REPAIR GARAGES


R 29.5301  Scope.
  Rule 301.  Section 1.1.3 of  the  flammable   and    combustible    liquids 
(FL/CL) code is adopted with the following changes and sections   1.1.4   and 
1.1.5  are added to the FL/CL code as follows:
1.1.3 This part does not apply to class IIIb liquids.
1.1.4 All of the provisions of part 2 of these rules apply to this part.
1.1.5 Underground storage tank systems shall also be in compliance  with  the 
provisions of part 2 of the rules, and part  211,  underground  storage  tank 
regulations, of the natural resources and environmental protection act,  1994 
PA 451, 1994 MCL 324.21101, et seq.

  History: 2003 AACS.


R 29.5302  Equivalency.
  Rule 302.  Section 1.5 of  the   FL/CL   code   is   adopted    with    the 
following changes:
1.5. Nothing in this FL/CL code is intended to prevent the  use  of  systems, 
methods, or  devices  of  equivalent  or  superior  quality,  strength,  fire 
resistance, effectiveness, durability, environmental  protection  capability, 
and safety over those prescribed by this FL/CL code.  Technical documentation 
shall be submitted to the department to demonstrate equivalency.  The system, 
method, or  device  shall  be  approved  for  the  intended  purpose  by  the 
department based on the best interests of public health, safety, and  welfare 
and the environment.

  History: 2003 AACS.


R 29.5303  Referenced publications.
  Rule 303.  Section 2.1.1 of  the  FL/CL  code   is   adopted    with    the 
following changes:
NFPA 10, "Standard for Portable Fire Extinguishers," 1998 edition, is added.
NFPA 31, "Standard for  the  Installation  of  Oil-Burning  Equipment,"  1997 
edition, is deleted.
NFPA 51, "Standard for the Design and Installation of Oxygen-Fuel Gas Systems 
for Welding, Cutting, and Allied Processes," 1997 edition, is deleted.
NFPA 51B, "Standard for the Fire  Prevention  During  Welding,  Cutting,  and 
Other Hot Work," 1999 edition, is deleted.
NFPA 52, "Compressed Natural Gas (CNG) Vehicular  Fuel  Systems  Code,"  1998 
edition, is deleted.
NFPA 58, "Liquefied Petroleum Gas Code," 1998 edition, is deleted.
NFPA 82, "Standard on Incinerators and Waste and Linen Handling  Systems  and 
Equipment," 1999 edition, is deleted.
NFPA 86, "Standard for Ovens and Furnaces," 1999 edition, is deleted.
NFPA 90A, "Standard for the Installation of Air-Conditioning and  Ventilating 
Systems," 1999 edition, is deleted.
NFPA 211, "Standard for Chimneys, Fireplaces, Vents, and  Solid  Fuel-Burning 
Appliances," 2000 edition, is deleted.
NFPA 253, "Standard Method  of  Test  for  Critical  Radiant  Flux  of  Floor 
Covering Systems Using a  Radiant  Heat  Energy  Source,"  2000  edition,  is 
deleted.

  History: 2003 AACS.


R 29.5304  UL publications.
  Rule 304.  Section 2.1.2.3 of  the  FL/CL  code  is  adopted    with    the 
following changes:
UL 142 "Standard for Steel Aboveground Tanks for  Flammable  and  Combustible 
Liquids," 1993 edition, is adopted.
UL 2080 is deleted.
UL 2245 is deleted.

  History: 2003 AACS.


R 29.5305 Definitions.
  Rule 305.  Sections 3.1.1, 3.1.2, and 3.1.19.4  of  the  FL/CL   code   are 
adopted with the following changes, sections 3.1.1(a),  3.1.3(a),   3.1.4(a), 
3.1.7(a), 3.1.7(b), 3.1.15.4, 3.1.16(a) ,3.1.19.5, 3.1.19.6, and 3.1.19.7 are 
added  to the FL/CL code, and section 3.1.19.2  is  deleted  from  the  FL/CL
 code  as follows:
3.1.1 "Approved" means acceptable to the department.
3.1.1(a) "AST system" mean a tank or  combination  of  tanks,  including  the 
pipes  that  are  connected  to  the  tank,  tanks,  or  ancillary  equipment 
containment systems, if any, which is, was, or may have been used to  contain 
an accumulation of liquids and  which  has  less  than  10%  of  its  volume, 
including the volume of the underground pipes that are connected to the tank, 
or tanks, beneath the surface of the ground.
3.1.2 "Authority having jurisdiction" means the department.
3.1.3(a) "Building" means a structure that has walls or a roof.
3.1.4(a) "FL/CL code"  means  the  storage  and  handling  of  flammable  and 
combustible liquids rules as promulgated by the department  of  environmental 
quality.
3.1.7(a) "Department" means the department of environmental quality.
3.1.7(b) "Director" means the director of  the  department  of  environmental 
quality.
3.1.15.4  "Public  motor  fuel  dispensing  facility"  means  a  motor   fuel 
dispensing facility that is available for use by the public.
3.1.16(a) "Release" means, as defined in section 20101(bb) of  1994  PA  451, 
MCL 324.20101(bb), includes, but is not limited to,  any  spilling,  leaking, 
pumping,  pouring,  emitting,  emptying,  discharging,  injecting,  escaping, 
leaching, dumping, or disposing of a hazardous substance into the environment 
or the abandonment or discarding of barrels,  containers,  and  other  closed 
receptacles containing a hazardous substance.  Release does not  include  any 
of the following:
  (a)  A release  that  results  in  exposure  to  persons  solely  within  a 
workplace, with respect to a claim that the persons may assert against  their 
employers.
  (b)  Emissions from the engine exhaust of  a   motor    vehicle,    rolling 
stock, aircraft, or vessel.
  (c)  A release of source, by-product, or  special  nuclear  material   from 
a nuclear incident, as those terms are defined in  the  atomic   energy   act 
of 1954, chapter 1073,  68  Stat.  919,  if  the  release  is   subject    to 
requirements with respect to financial protection established by  the  United 
States nuclear regulatory commission under section 170 of chapter    14    of 
title  I  of  the atomic energy act of 1954, chapter 1073, 71 Stat.  576,  42 
U.S.C. 2210, or any release of source by-product or special nuclear  material 
from any  processing site designated under section 102(a)(1) of  title  I  or 
302(a) of title III  of the uranium mill tailings radiation  control  act  of 
1978, Public Law 95-604 42 U.S.C. 7912 and 7942.
  (d)  If applied  according  to  label   directions   and    according    to 
generally  accepted   agricultural   and    management     practices,     the 
application  of    a  fertilizer,  soil  conditioner,  agronomically  applied 
manure, or pesticide,  or  fruit,  vegetable,  or  field  crop  residuals  or 
processing  by-products,   aquatic  plants,  or  a   combination   of   these 
substances.  As used in  this  subdivision, fertilizer and  soil  conditioner 
have the meaning given to these terms part 85 of 1994 PA 451, MCL 324.101  et 
seq., and pesticide has the meaning  given  to that term in part 83  of  1994 
PA 451, MCL 324.8301 et seq.
  (e)  A  release  does  not  include  fruits,   vegetables,    field    crop 
processing by-products, or  aquatic  plants,  that  are  applied    to    the 
land  for  an agricultural use or for use as an animal feed, if  the  use  is 
consistent  with generally accepted agricultural and   management   practices 
developed  pursuant to 1981 PA 93 MCL 286.474 et seq.
3.1.19.2 "Fire resistant tank" is deleted.
3.1.19.4 "Protected aboveground tank" means an aboveground storage tank  that 
is listed  in  accordance  with  underwriters  laboratories,  standard  2085, 
"Standard for Protected  Aboveground  Tanks  for  Flammable  and  Combustible 
Liquids," adopted  by  reference  in  section  2.1.2.3,  or  equivalent  test 
procedure that consists of a  primary  tank  provided  with  protection  from 
physical  damage  and  fire-resistive   protection   from   exposure   to   a 
high?intensity liquid pool fire.  During this equivalent test procedure,  the 
temperature inside the tank shall not exceed an average  maximum  temperature 
rise of 260 degrees Fahrenheit (144 degrees Celsius) during the  2-hour  fire 
exposure.   Both  the  primary  and  the  secondary  containment   structural 
integrity shall stay intact.
3.1.19.5  "Secondary  containment  tank"  means  a  tank  that  is   enclosed 
completely within a larger tank of  the  same  or  different  material.   The 
primary tank shall be constructed and the secondary or outer tank shall  meet 
the requirements of section 2.2.3.  The interstitial or annular space between 
the walls of the 2 tanks shall allow  for  liquid  communication.   Both  the 
primary and secondary containment shall be provided with adequate normal  and 
emergency venting in compliance with section 2.2.5 of the FL/CL code.
3.1.19.6 "Tank system" means an AST system or UST system.
3.1.19.7 "UST system" means a tank or  combination  of  tanks  including  the 
underground pipes that are 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 liquids and which has 10% or more of 
its volume, including the volume of the underground pipes that are  connected 
to the tank or tanks, beneath the surface of the ground.

  History: 2003 AACS.


R 29.5306  General requirements.
  Rule 306.  Section 4.2.4 of  the  FL/CL  code   is   adopted    with    the 
following changes:
4.2.4 Where tanks are at an elevation that produces a  gravity  head  on  the 
dispensing device, the tank outlet shall be equipped with a device, such as a 
normally closed solenoid valve, positioned adjacent to  and  downstream  from 
the valve specified in section 2.3.2.5.1 of part 2 of these  rules,  that  is 
installed and adjusted so that liquid cannot flow by gravity from the tank if 
the piping or hose fails when the dispenser is not in use.

  History: 2003 AACS.


R 29.5307  Storage of liquids.
  Rule 307.  Sections  4.3.1,  4.3.2,  4.3.2.1,  4.3.2.2,   table    4.3.2.4, 
4.3.2.5, 4.3.2.6, and 4.3.2.8 of  the  FL/CL  code  are  adopted   with   the 
following changes, section 4.3.2.6.1  is  added  to  the  FL/CL   code,   and 
sections  4.3.2.7 and 4.3.2.8 (exception) of the FL/CL code  are  deleted  as 
follows:
4.3.1 Underground storage tanks.  Underground storage tank systems shall meet 
all the applicable requirements of part 2  of  these  rules  and  shall  also 
comply with all the requirements of part 211 of 1994 PA 451, MCL 324.21101 et 
seq.
4.3.2 Aboveground storage tanks.  Except as modified by  provisions  of  this 
subsection, aboveground storage tanks shall meet all applicable  requirements 
of part 2 of these rules.
4.3.2.1 The use  of  aboveground  storage  tanks  at  motor  fuel  dispensing 
facilities, fleet vehicle motor fuel dispensing facilities, and marine  motor 
fuel dispensing facilities shall be permitted when  installed  in  accordance 
with the requirements of chapters 2 and 3 of part 2 of these rules, and  when 
the specific installation has been approved by the department  under  section 
2.3.2.1 of part 2 of the rules.
4.3.2.2 Tanks designed and built for underground use shall not  be  installed 
for aboveground use and tanks designed and built for  aboveground  use  shall 
not be installed for underground use.
Table corresponds to rule in PDF format
 
R 29.5307:Table

4.3.2.5 The maximum individual capacity of 16,000  gallons  (60,480  liters), 
where indicated in table 4.3.2.4, shall  be  permitted  to  be  increased  to 
24,000 gallons (90,720 liters) for class II and class III liquids at a  fleet 
vehicle motor fuel dispensing facility if located in a protected  aboveground 
tank.  The maximum aggregate capacity shall not be more than  80,000  gallons 
(302,400 liters).
4.3.2.6  At  fleet  vehicle  motor  fuel  dispensing  facilities,  a  minimum 
separation is not required between the dispensing device and a tank vault  or 
a protected tank.  Also, a minimum separation shall not  be  required  for  a 
listed secondary containment tank which is 4,000 gallons (15,120  liters)  or 
less and which has a 64 inch (162.6 centimeters) nominal diameter or smaller.
4.3.2.6.1 Tank vehicle and tank car loading and unloading facilities shall be 
separate from aboveground tanks, warehouses, other plant  buildings,  or  the 
nearest line of adjoining property that can be built upon by a  distance  not 
less than 25 feet (7.6 meters) for class I liquids and not less than 15  feet 
(4.6 meters) for class II and class III liquids, measured  from  the  nearest 
fill spout or transfer connection.  These distances shall be achieved by  the 
use of fixed piping between the tank  and  the  transfer  connection.   These 
distances shall be permitted to be reduced by utilizing  an  automatic  fixed 
fire protection system or fire-rated barrier rated for  2  or  more  hours.
Buildings for pumps or shelters for personnel shall be permitted to be a part 
of the facility.
Exception 1:  A fire protected tank or a tank in a vault does not have to  be 
in compliance with the separation distance requirements for the  loading  and 
unloading risers.
Exception 2:  A tank which has a capacity of 3,000 gallons (11,340 liters) or 
less which is located 10 feet (3 meters) from  any  building,  and  which  is 
provided with spill and audible overfill protection or other means acceptable 
to the department based on the best interests of public health,  safety,  and 
welfare and the environment, does not have  to  be  in  compliance  with  the 
separation distance requirements for loading and unloading risers.
4.3.2.7 is deleted.
4.3.2.8 Aboveground tanks shall be provided with spill control that meets the 
requirements of section  2.3.2.3  of  part  2  of  these  rules.   Tank  fill 
connections shall be provided with a noncombustible spill containment device.
Exception is deleted.

  History: 2003 AACS.


R 29.5308  Vaults
  Rule 308.  Sections 4.3.3.1, 4.3.3.2(b), 4.3.3.2(i),  and  4.3.3.3  of  the 
FL/CL code are  adopted  with   the   following   changes,    and    sections 
4.3.3.2(k), 4.3.3.2(l), 4.3.3.2(m), and 4.3.3.2(n) are  added  to  the  FL/CL 
code as follows:
4.3.3 Vaults.
4.3.3.1 General.  Aboveground tanks shall be permitted  to  be  installed  in 
vaults that meet the requirements of this subsection.  Except as modified  by 
the provisions of this subsection, aboveground storage tanks in vaults  shall 
meet all applicable requirements of part 2 of these rules.  Vaults  shall  be 
permitted to be either above or below grade.  Partially  below  grade  vaults 
shall be not less than 4 feet above adjacent ground level.
4.3.3.2  Vault  design  and  construction.   Vaults  shall  be  designed  and 
constructed to meet the following requirements:
(b)  The top of an aboveground vault shall be constructed  of  noncombustible 
material and shall be designed to be weaker than the walls of  the  vault  to 
ensure that the thrust  of  any  explosion  occurring  inside  the  vault  is 
directed upward before destructive  internal  pressure  develops  within  the 
vault.  The top of an at-grade or below-grade  vault  shall  be  designed  to 
relieve or contain the force of any explosion occurring inside  the  vault.
The walls of a vault, which are partially below grade, shall extend not  less 
than 4 feet (1.2 meters) above the grade.
  (i)  Each vault shall be provided with a means for personal entry, is  only 
be at the top of the vault to allow for the visual inspection of   the   tank 
and piping surfaces.  At each entry point, a warning sign that indicates  the 
need for procedures for safe entry into confined spaces  shall  be  posted.
Each entry point shall be secured against unauthorized entry and vandalism.
  (k)  The vault shall be provided with spill containment around   the   fill 
pipe or transfer connection.  Under top fill applications,  spill-containment 
shall empty by gravity only into the primary tank.
  (l)  The loading and unloading  transfer   connection    for    above-grade 
vaults shall terminate outside the vault.
  (m)  Provisions shall be made for  the   normal   operation    of    valves 
without entering the vault.
  (n)  A vault shall be located  not  less  than  15  feet    (4.6    meters) 
from buildings and the property lines.
4.3.3.3  Tank  selection  and  arrangement.   Tanks  shall  be   listed   for 
aboveground use.  Each tank shall be in its own vault and shall be completely 
enclosed by the vault.  Sufficient clearance between the tank and  the  vault 
shall be provided to allow for visual inspection and maintenance of  all  the 
vault surfaces as well as the tank and its appurtenances.

  History: 2003 AACS.


R 29.5309  Fire resistant tanks.
  Rule 309.  Sections 4.3.4, 4.3.4.1  and  4.3.4.2  of  the  FL/CL  code  are 
deleted:
4.3.4 Fire resistant tank is deleted.
4.3.4.1 is deleted.
4.3.4.2 is deleted.

  History: 2003 AACS.


R 29.5310  Additional requirements.
  Rule 310.  Section 4.3.6.5 of  the  FL/CL  code  is  adopted    with    the 
following changes:
4.3.6.5 Where a tank is at an elevation that produces a gravity head  on  the 
dispensing device, the tank outlet shall be equipped with a device, such as a 
normally closed solenoid valve, that will prevent gravity flow from the  tank 
to the dispenser.  This device shall be located adjacent to and downstream of 
the outlet valve  specified  by  section  2.3.2.5.1.   The  device  shall  be 
installed and adjusted so that liquid cannot flow by gravity from the tank to 
the dispenser in the event  of  failure  of  the  piping  or  hose  when  the 
dispenser is not in use.

  History: 2003 AACS.


R 29.5311  Physical protection for all outside aboveground tanks.
  Rule 311.  Sections 4.3.7.1 and 4.3.7.2 of the FL/CL code    are    adopted 
with the following changes:
4.3.7.1 Tanks shall be enclosed with a chain link fence  which  is  not  less 
than 6 feet (1.8 meters) high and which has a means of ingress and  egress.
The fence shall be separated from the tanks by  not  less  than  10  feet  (3 
meters) and shall have a gate that is properly secured  against  unauthorized 
entry.  Aboveground tanks, other than tanks in  vaults,  shall  be  protected 
against vehicular collision by suitable barriers.
Exception:  A tank is not required to be  enclosed  within  a  fence  if  the 
property on which the tank is located already has a perimeter security  fence 
or if the tank is located within a vault  that  is  in  compliance  with  the 
requirements of section 4.3.3 of this part.
4.3.7.2 Guard posts or other approved means  shall  be  provided  to  protect 
tanks that are subject to vehicular damage.  When guard posts are  installed, 
the following design is acceptable:
  (a)  Guard posts shall be constructed of steel not less than    4    inches 
(100 millimeters) in diameter and shall be filled with concrete.
  (b)  Guard posts shall be spaced not more  than  4  feet  (1.2  meters)  on 
center.
  (c)  Guard posts shall be set not less than 4 feet (1.2  meters)  deep   in 
a concrete footing that is  not  less  than  15  inches   (375   millimeters) 
in diameter.

  History: 2003 AACS.


R 29.5312  Corrosion control.
  Rule 312.  Section 4.3.8 of  the  FL/CL  code   is   adopted    with    the 
following changes:
4.3.8  Any portion of a tank or its piping that is in contact with  the  soil 
shall  have  properly  engineered,  installed,   and   maintained   corrosion 
protection that meets the requirements of section 2.2.6.1 of part 2 of  these 
rules.

  History: 2003 AACS.


R 29.5313  Temporary storage of liquid fuels.
  Rule 313.  Section 4.3.10 of  the  FL/CL  code  is   adopted    with    the 
following changes:
4.3.10 Temporary  storage  of  liquid  fuels.   Aboveground  tanks  used  for 
dispensing motor fuels shall not be required to be permanently installed when 
located on premises not normally accessible to  the  public  if  all  of  the 
following requirements are met:
  (a)  Approval of the department shall be required before bringing the  tank 
to the site.  In reviewing a proposed installation, the condition   of    the 
tank, the site where the tank  will  be  located,  installation  and  testing 
procedures, and operational procedures shall be evaluated before approval.
  (b)  The approval shall include a definite time limit after    which    the 
tank shall be removed from the site and relocated to an approved location.
  (c)  The tank   shall   comply   with   section   4.3   and    all    other 
applicable provisions of the FL/CL code and part 2 of these rules.
  (d)  A tank  containing  liquid  shall  not  be  moved  unless    it    has 
been specifically investigated and approved for  movement  while   full    or 
partially full.

  History: 2003 AACS.


R 29.5314 General requirements for all piping systems
  Rule 314.  Sections 5.2.1 and 5.2.4 of the FL/CL code are   adopted    with 
the following changes and section 5.2.6.1 is  added  to  the  FL/CL  code  as 
follows:
5.2.1 The design, fabrication, assembly, test, and inspection of  the  piping 
system shall meet the requirements of part 2 of the rules, and 1994  PA  451, 
MCL 61501.
Exception 1:   Where  dispensing  is  from  a  floating  structure  or  pier, 
oil-resistant flexible hose shall be  permitted  to  be  used  between  shore 
piping and the piping on the floating structure or pier and between  separate 
sections of the floating structure or pier and between separate  sections  of 
the floating structure to accommodate changes in water level or shoreline, if 
the hose is either resistant to or shielded from damage by fire.
Exception 2:  Low melting point rigid or flexible piping shall  be  permitted 
to be used under a floating structure or pier if the piping is protected from 
physical damage and shielded from damage by fire exposure.
5.2.4 All piping inside buildings but outside the motor fuel dispensing  area 
shall be enclosed within a horizontal chase or a vertical shaft used only for 
the piping.  Vertical shafts and horizontal chases shall  be  constructed  of 
materials that have a rapid temperature-rise hydrocarbon type fire resistance 
rating of not less than 2 hours.
5.2.6.1 Tanks that are manifolded together by piping or by a siphon bar shall 
have a positive  shutoff  valve  that  is  located  so  that  it  is  readily 
accessible and is remotely operable.

  History: 2003 AACS.


R 29.5315 Installation of piping systems.
  Rule 315.  Sections 5.3, 5.3.2.2, and 5.3.3  of  the   FL/CL    code    are 
adopted with the following changes:
5.3 Installation of piping systems.  Piping shall be installed in  accordance 
with good engineering practices and in  accordance  with  the  manufacturers' 
instructions.
5.3.2 Flexible connections.
5.3.2.2 Acceptable means for providing flexibility in  piping  systems  shall 
include all of the following:
  (a)  Listed flexible connectors that are approved for the purpose.
  (b)  Piping that is inherently flexible and is approved for the purpose.
  (c)  Any flexible connectors if in contact  with  ground  or   soil   shall 
be cathodically protected.
  (d)  Other means approved by the department based on the   best   interests 
of public health, safety, and welfare and the environment.
5.3.3 Fiberglass reinforced plastic piping.   Fiberglass  reinforced  plastic 
(FRP) piping shall not be required to have flexible  joints  where  otherwise 
would be required by section 5.3.2 if both of the following conditions exist:
  (a)  The piping does not exceed 4 inches (100 millimeters) in diameter.
  (b)  The piping has a straight run of not less than 4 feet   (1.2   meters) 
on either side of the connection when the connection  results  in  a   change 
of direction.

  History: 2003 AACS.


R 29.5316 Testing.
  Rule 316.  Section 5.4.1 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5.4.1 General.  All piping and secondary containment piping shall  be  tested 
before being covered, enclosed, or placed in service in accordance  with  the 
requirements of section 3.6 of part 2 of these rules.

  History: 2003 AACS.


R 29.5317 General requirements.
  Rule 317.  Section 6.2.3 is added to the FL/CL code as follows:
6.2.3 Each dispensing device shall be located not  less  than  10  feet  (3.1 
meters)  from  property  lines,  openings  to  buildings,  and  buildings  of 
combustible wall construction.  A dispensing device shall not be less than 20 
feet (6.1 meters) from any activity that involves a fixed source of ignition.

  History: 2003 AACS.


R 29.5318 Requirements for dispensing devices.
  Rule 318.  Section 6.3.4.1 is added to the FL/CL code as follows:
6.3.4.1 The area beneath each dispensing device  shall  be  provided  with  a 
liquid-tight sump that will prevent any leaks in the dispensing  device  from 
reaching groundwater, surface water, or subsurface soils.

  History: 2003 AACS.


R 29.5319 Requirements for dispensing hoses.
  Rule 319.  Section 6.5.3 of  the  FL/CL  code   is   adopted    with    the 
following changes:
6.5.3 Where hoses are attached to a  hose-retrieving  mechanism,  the  listed 
emergency breakaway device shall be installed between the point of attachment 
of the hose retrieving mechanism to the hose and the hose nozzle valve.
Exception:  The devices shall not be required at attended marine  motor  fuel 
dispensing facilities.

  History: 2003 AACS.


R 29.5320 Requirements for fuel delivery nozzles.
  Rule 320.  Section 6.6.6 of  the  FL/CL  code   is   adopted    with    the 
following changes:
6.6.6 Each dispensing hose nozzle valve shall be equipped with  a  device  to 
prevent the splashing of liquid during the dispensing operation.
Exception:  Splashguards are not required for class II  nozzles  that  are  1 
inch (25 millimeters) or more in size.

  History: 2003 AACS.


R 29.5321 Repair garages.
  Rule 321.  Sections 7.4.2 and 7.4.4.2 of the FL/CL code are  adopted   with 
the following changes:
7.4.2 General construction requirements.  In major repair garages, where  CNG 
fueled vehicles, LNG fueled vehicles, or LPG fueled  vehicles  are  repaired, 
all applicable requirements of R 29.4601 et seq., NFPA 57, "Liquefied Natural 
Gas (LNG) Vehicular Fuel Systems," adopted by reference in section 2.1.1,  or 
R 29.4001 et seq., shall be met.
7.4.4.2 In areas of repair garages where vehicles  are  serviced,  any  floor 
drains shall be properly trapped and shall discharge to  a  storage  tank  or 
through an oil/water separator to the sanitary sewer.

  History: 2003 AACS.


R 29.5322 Heat-producing appliances.
  Rule 322.  Section 7.6.9 of  the  FL/CL  code   is   adopted    with    the 
following changes:
7.6.9 Heat-producing appliances shall be installed to meet  the  requirements 
of part 4 of these  rules,  NFPA  90A,  "Standard  for  the  Installation  of 
Air-Conditioning and Ventilating Systems;" NFPA 54, "National Fuel Gas code;" 
NFPA 211, "Standard for Chimneys, Fireplaces, Vents, and  Solid  Fuel-Burning 
Appliances;" and NFPA 82, "Standards for Incinerators  and  Waste  and  Linen 
Handling Systems and Equipment;" adopted by reference in  section  2.1.1,  as 
applicable, except as hereinafter specifically provided.

  History: 2003 AACS.


R 29.5323  Tank filling requirements.
  Rule 323.  Section 9.2.2.2, of  the  FL/CL  code  is  adopted   with    the 
following changes, and exceptions 1 & 2 of  section  9.2.2.2  of  the   FL/CL 
code  are deleted:
9.2.2.2  Tank loading and unloading area  and  operation  shall  comply  with 
sections 5.6.3 and 5.6.4 of part 2 of these rules.  A separation distance  is 
not required for the loading and unloading transfer connection of underground 
storage tanks, vaults, and fire protected tanks.
Exception number 1 is deleted.
Exception number 2 is deleted.

  History: 2003 AACS.


R 29.5324  Dispensing into containers.
  Rule 324.  Section 9.2.3.4 is added to the FL/CL code as follows:
9.2.3 Dispensing into containers.
9.2.3.4 A container shall not be filled with liquid  while  it  is  inside  a 
passenger-carrying vehicle.  A container shall be removed from  the  interior 
of a passenger vehicle, from the  back  or  enclosed  portion  of  any  other 
vehicle, or from the bed of a pickup truck, which  has  a  bed  liner  during 
fueling.  A person shall not fill or  transport  a  portable  container  that 
holds more than 6 gallons (23 liters) of class I or class  II  liquid  inside 
the passenger compartment of a motor vehicle.  A  container  that  is  filled 
with, or sold containing, gasoline, benzene,  or  naphtha  shall  be  painted 
vermillion (bright red) and shall be lettered or labeled with the name of the 
product.  Kerosene, fuel oil, or other combustible liquid shall  not  be  put 
into, or sold in, a container that is painted vermillion or bright red.

  History: 2003 AACS.


R 29.5325  Basic fire control.
  Rule 325.  Sections 9.2.5.1, 9.2.5.2, and  9.2.5.4  of  the   FL/CL    code 
are adopted with the following changes:
9.2.5 Basic fire control.
9.2.5.1 Sources of ignition.  Smoking materials, including matches, lighters, 
and other sources of ignition including torches, shall not be used within  25 
feet (7 meters) of areas used for fueling, servicing fuel systems of internal 
combustion engines, or receiving or  dispensing  of  class  I  liquids.   The 
motors of all equipment being fueled shall be shut  off  during  the  fueling 
operation, except for  emergency  generators,  pumps,  and  the  like,  where 
continuing operation is essential.
9.2.5.2 Fire extinguishers.  Each motor fuel  dispensing  facility  shall  be 
provided with 1 or  more  listed  fire  extinguishers  that  have  a  minimum 
capability of 40?B:C.  They shall be located so that an extinguisher will  be 
within 100 feet (30 meters) of each pump, storage tank fill pipe opening, and 
lubrication or service room.   Fire  extinguishers  shall  be  inspected  and 
maintained according to NFPA 10, "Standard for Portable Fire  Extinguishers," 
adopted by reference in section 2.1.1.
9.2.5.4 Signs.  Warning signs shall be conspicuously posted in the dispensing 
area and shall incorporate the following or equivalent wording:   "WARNING.
It is unlawful and dangerous to dispense gasoline into unapproved containers.
No smoking.  Stop motor.  No filling of portable containers in or on a  motor 
vehicle.  The person shall remain in attendance outside of the vehicle and in 
view of the nozzle."

  History: 2003 AACS.


R 29.5326  Waste handling.
  Rule 326.  Sections 9.2.6.3 and 9.2.6.4  are  added  to  the   FL/CL   code 
as follows:
9.2.6 Waste handling.
9.2.6.3 Provision shall be made in the area where a liquid  is  dispensed  to 
prevent a spilled liquid from flowing into the interior of a service  station 
building.  The provision may be made by grading driveways, raising doorsills, 
or other equally effective means.
9.2.6.4 Each area where a liquid is dispensed shall be protected to  minimize 
spills from entering the groundwater, surface water, or  subsurface  soils.
This requirement may be met by providing a paved pad of adequate area.

  History: 2003 AACS.


R 29.5327 Operational requirements for  full-service  motor  fuel  dispensing 
operations.
  Rule 327.  Section 9.3.1 of  the  FL/CL  code   is   adopted    with    the 
following changes:
9.3.1 The provisions of section 4.2.1 of this part  shall  not  prohibit  the 
temporary use of a moveable tank in conjunction  with  the  dispensing  of  a 
flammable or combustible liquid into a fuel tank of a motor vehicle or  other 
motorized equipment which is on the premises and which is not  accessible  to 
the public.  A moveable  tank  installation  shall  only  be  made  with  the 
approval of the department based on the  best  interests  of  public  health, 
safety, and welfare and  the  environment.   The  approval  shall  include  a 
definite time limit, which shall be for the period of temporary use.

  History: 2003 AACS.


R 29.5328  Operating  requirements  for  attended  self-service  motor   fuel 
dispensing facilities.
  Rule 328.  Section 9.4.2 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections 9.4.5 and 9.4.6 are added to the FL/CL code as 
follows:
9.4.2 There shall be not less than 1 attendant on duty while the self-service 
facility is open for business.  The attendant's primary function shall be  to 
supervise, observe, and control the dispensing of liquids while  the  liquids 
are actually being dispensed.
9.4.5 The dispensing area shall  at  all  times  be  in  clear  view  of  the 
attendant, and the placing or allowing of any obstacle to  come  between  the 
dispensing area and the attendant control area is prohibited.   This  may  be 
achieved by cameras or mirrors, or both.  The attendant shall at all times be 
able to communicate with persons in the dispensing area.
9.4.6 Each person who performs the dispensing shall stay outside  of  his  or 
her vehicle in view of the hose nozzle valve during the dispensing operation.

  History: 2003 AACS.


R 29.5329 Operating  requirements  for  unattended  self-service  motor  fuel 
dispensing facilities.
  Rule 329.  Sections 9.5.1 and 9.5.6 of the FL/CL code are   adopted    with 
the following changes and sections 9.5.1.1 and 9.5.7 are added to  the  FL/CL 
code as follows:
9.5.1 Unattended self-service shall be permitted subject to the  approval  of 
the department based on the best interests  of  public  health,  safety,  and 
welfare and the environment.  Users shall be required to use a key, card,  or 
other method which is unique to each user,  and  which  is  provided  by  the 
facility operator, and shall be properly trained in dispensing  operations.
The owner shall verify such training to the department upon request.
9.5.1.1 At least one emergency control disconnect specified  in  section  6.7 
shall be provided, and shall be  reset  only  by  the  owner  or  an  owner's 
authorized agent.
9.5.6 Additional fire protection shall be  provided  where  required  by  the 
department based on the best interests of public health, safety, and  welfare 
and the environment.  Additional fire protection considerations  may  include 
fixed fire suppression systems, automatic fire detection, manual  fire  alarm 
stations, and transmission of an alarm to off-site locations.
9.5.7 Each person who performs the dispensing shall stay outside his  or  her 
vehicle and in view of the hose nozzle valve during the dispensing operation.

  History: 2003 AACS.


R 29.5330 Refueling from tank vehicles.
  Rule 330.  Sections 9.6, 9.6.1, 9.6.3, 9.6.4, 9.6.5, 9.6.6, and  9.6.7   of 
the FL/CL code are adopted with the following changes,  and  sections  9.6.8, 
9.6.9, 9.6.10, 9.6.11, 9.6.12, 9.6.13, 9.6.14, 9.6.15, and 9.6.16  are  added 
to  the FL/CL code as follows:
9.6 Refueling from tank vehicles.  The dispensing of class  I  and  class  II 
liquids in the open from a  tank  vehicle  to  a  motor  vehicle  located  at 
commercial, industrial, governmental,  or  manufacturing  establishments  and 
intended for fueling vehicles used in connection with their businesses  shall 
be permitted only if all of the requirements of sections 9.6.1 to 9.6.16 have 
been met.
9.6.1 The department shall be notified  before  commencing  operations  under 
section 9.6.
9.6.3 The dispensing nozzle shall be a listed, automatic-closing type without 
a latch?open device.
9.6.4  Nighttime  deliveries  shall  only  be  made  in  an  area  considered 
adequately lighted.
9.6.5 The tank vehicle flasher lights shall be in operation while  dispensing 
operations are in progress.
9.6.6 Expansion space shall be left in each fuel tank to prevent overflow  in 
the event of temperature increase.
9.6.7 Smoking materials, including matches, lighters, and  other  sources  of 
ignition, including torches, shall not be used within 25 feet (7  meters)  of 
the dispensing of liquids in the open from a tank vehicle to a motor vehicle.
9.6.8 Each area where dispensing of liquids in the open from a  tank  vehicle 
to a motor vehicle shall be provided with 1 or more listed fire extinguishers 
that have a minimum capability of 40-B:C.  The fire  extinguishers  shall  be 
readily accessible to the dispensing operation.  Fire extinguishers shall  be 
inspected  and  maintained  under  NFPA  10,  "Standard  for  Portable   Fire 
Extinguishers." 9.6.9 Provision shall be made in the area where dispensing of 
liquids in  the open from a tank vehicle to prevent spilled    liquid    from 
flowing  into  the interior of a building.  Such provision may be   made   by 
grading  driveways, raising doorsills, or other equally effective means.
9.6.10  At a minimum, each area where liquids are  transferred  in  the  open 
from the tank vehicle, equipment, or  container  shall  be  protected  by  an 
impervious surface that is compatible with  product  transferred  to  prevent 
spills from entering the groundwater, surface water, or subsurface soils.
9.6.11 Mobile fueling shall not take place within 15  feet  (4.6  meters)  of 
buildings, property lines, or combustible storage.
9.6.12 Tank vehicle brakes shall be set and chock blocks shall be in place.
9.6.13 Absorbent materials, nonwater absorbent pads, or  a  containment  boom 
and an approved container  with  lid,  and  a  nonmetallic  shovel  shall  be 
provided to mitigate a minimum 5-gallon (19 liters) fuel spill.
9.6.14 Tanker vehicles shall be equipped with a preset device  to  limit  the 
amount of a single fueling operation to  a  maximum  of  500  gallons  (1,893 
liters).
9.6.15 Persons performing dispensing operations shall be able to deliver  and 
dispense motor fuels.  Operators of tank vehicles  used  for  mobile  fueling 
operations shall have access on-site or be  in  possession  of  an  emergency 
communications device to  notify  the  proper  authorities  if  there  is  an 
emergency.
9.6.16 The tank vehicle shall be positioned with respect  to  vehicles  being 
fueled to prevent traffic from driving over the delivery hose and between the 
tank vehicle and motor vehicle being fueled.  The dispensing  hose  shall  be 
properly placed on an approved reel or  in  an  approved  compartment  before 
moving the tank vehicle.

  History: 2003 AACS.


R 29.5331  Repair areas.
  Rule 331.  Sections 9.7.6.2, 9.7.7.1, and  9.7.8  of  the  FL/CL  code  are 
adopted with the following changes:
9.7.6 Parts cleaning.
9.7.6.2 Devices used to heat nonflammable solvent shall be in compliance with 
the requirements of 1 or both of the following:
  (a)  Part 4 of these rules.
  (b)  NFPA 54, "National Fuel Gas code," adopted  by  reference  in  section 
2.1.1.
These heating devices shall be installed in accordance with the  requirements 
of section 7.6.
9.7.7 Chassis cleaning.
9.7.7.1 Chassis cleaning shall not be performed with liquids that have  flash 
points below 140 Fahrenheit (60 degrees Celsius) (closed cup).  If  steam  is 
used, it shall be supplied from a boiler located, installed, and  safeguarded 
in accordance with the  applicable  requirements  for  heating  equipment  in 
section 7.6 and in the following documents:
  (a)  Part 4 of these rules.
  (b)  NFPA 54, "National Fuel Gas code."
  (c)  NFPA 8501, "Standard for Single Burner  Boiler   Operation,"   adopted 
by reference in section 2.1.1.
  (d)    NFPA   8502,   "Standard   for    the    Prevention    of    Furnace 
Explosions/ Implosions in Multiple Burner Boilers," adopted by  reference  in 
section 2.1.1.
9.7.8 Storage and handling of flammable liquids and gases.  The  storage  and 
handling of flammable liquids shall be in accordance with  part  2  of  these 
rules.  The storage and handling of  liquefied  petroleum  gas  shall  be  in 
accordance with R 29.4001 et seq.  The  storage  and  handling  of  flammable 
compressed gas fuels shall be in accordance with NFPA 55, "Standard  for  the 
Storage, Use, and Handling of Compressed  and  Liquefied  Gases  in  Portable 
Cylinders," adopted by reference in section 2.1.1, and R 29.4601 et seq.

  History: 2003 AACS.


R 29.5332  Scope.
  Rule 332.  Sections 11.1.1 and 11.1.2 of the FL/CL code are  adopted   with 
the following changes:
11.1.1 This chapter shall apply to that portion of a property  where  liquids 
used as fuels are stored, handled, and dispensed from  equipment  located  on 
shore or from equipment located on piers, wharves, or floating docks into the 
fuel tanks of marine craft, including incidental activity, except as  covered 
elsewhere in this FL/CL code.
11.1.2 This chapter shall not apply to any of the following:
  (a)  Bulk plant or terminal loading or unloading facilities.
  (b)  Transfer of liquids utilizing  a  flange-to-flange   closed   transfer 
piping system.
  (c)  Marine motor fuel dispensing facilities where liquids used  as   fuels 
are stored and dispensed into the fuel tanks of marine craft of   300   gross 
tons (272 metric tons) or more.   Marine   motor   fuel    bulk    dispensing 
operations shall also comply with the provisions of chapter 5 of part  2   of 
the  FL/CL code.

  History: 2003 AACS.


R 29.5333  Storage.
  Rule 333.  Sections 11.2.2 and 11.2.3 of the FL/CL code are  adopted   with 
the following changes and section 11.2.4  is  added  to  the  FL/CL  code  as 
follows:
11.2.2 Tanks that supply marine motor fuel  dispensing  facilities  shall  be 
located on shore or on a pier of the solid-fill type.   Pumps  that  are  not 
integral with the dispensing device shall also be located on shore  or  on  a 
pier of the solid-fill type.
Exception:  Where shore location would require excessively long supply  lines 
to dispensing devices, tanks shall be permitted to be located on a  pier,  if 
the installation meets all applicable requirements of chapters  2  and  3  of 
part 2 of the FL/CL code, and the quantity stored  is  not  more  than  1,100 
gallons (4,180 liters) aggregate capacity.
11.2.3 Where a tank is at an elevation that produces a gravity  head  on  the 
dispensing device, the tank outlet shall be equipped with a device, such as a 
normally closed solenoid valve, that will prevent gravity flow from the  tank 
to the dispenser.  The device shall be located adjacent to and downstream  of 
the outlet valve specified by section 2.3.2.5.1 of part 2 of the FL/CL code.
The device shall be installed and adjusted so  that  liquid  cannot  flow  by 
gravity from the tank to the dispenser if the piping or hose fails  when  the 
dispenser is not in use.
11.2.4 If a submersible pump system is used, a listed emergency shutoff valve 
shall be installed at each dispensing device as required by section 6.3.9  of 
this part.

  History: 2003 AACS.


R 29.5334 General requirements.
  Rule 334.  Section 12.2.1 of  the  FL/CL  code  is   adopted    with    the 
following changes:
12.2.1 The installation and use of CNG systems shall meet the requirements of 
R 29.4601 et seq., except as modified by this chapter.  The installation  and 
use of LNG systems shall meet the requirements of NFPA 57, "Liquefied Natural 
Gas (LNG) Vehicular Fuel Systems  code,"  adopted  by  reference  in  section 
2.1.1, except as modified by this chapter.  The installation and use  of  LPG 
systems shall meet the requirements of R 29.4001 et seq., except as  modified 
by this chapter.

  History: 2003 AACS.


R 29.5335 Fuel storage.
  Rule 335.  Sections 12.3.1, 12.3.2, and 12.3.3  of  the  FL/CL   code   are 
adopted with the following changes:
12.3.1 Aboveground tanks storing CNG or  LNG  shall  be  separated  from  any 
adjacent property line that is or can be built upon, and public way, and  the 
nearest important building on the same property by not less than the distance 
given in the R 29.4601 et seq.
12.3.2 Aboveground tanks storing LPG shall be  separated  from  any  adjacent 
property line that is or can be built upon, any public way, and  the  nearest 
important building on the same property by not less than the  distance  given 
in R 29.4001 et seq.
12.3.3 Aboveground tanks storing CNG, LNG, or LPG  shall  be  separated  from 
each other by not less than 20 feet (6 meters) and  from  dispensing  devices 
that dispense liquid or gaseous motor vehicle fuels by not less than 50  feet 
(15 meters).
Exception number 1:  The required separation shall not apply to tanks storing 
fuels that have the same chemical composition.
Exception number 2:  When  both  the  gaseous  fuel  storage  and  dispensing 
equipment are not less than 50 feet (15 meters) from  any  other  aboveground 
motor fuel storage or dispensing equipment, the requirements of the R 29.4601 
et seq.; NFPA 57, "Liquefied Natural Gas Vehicular Fuel Systems code;"  or  R 
29.4001 et seq., whichever is applicable, shall apply.

  History: 2003 AACS.


R 29.5336 Specific requirements for LPG dispensing devices.
  Rule 336.  Section 12.5.1 of  the  FL/CL  code  is   adopted    with    the 
following changes:
12.5.1 Dispensing devices for LPG shall meet all applicable requirements of R 
29.4001 et seq., and shall incorporate a dispensing nozzle that releases  not 
more than 2 centimeters3 (cm3) of liquid LPG upon disconnection.

  History: 2003 AACS.


R 29.5337 Scope.
  Rule 337.  Sections 13.1 and 13.1.1 added to the FL/CL code as follows:
13.1 Scope.  This chapter shall apply to the storage of class  I,  class  II, 
and class IIIa liquids in tanks  that  have  a  1,100-gallon  (4,180  liters) 
capacity or less at outside locations, which present a lower fire  risk  than 
compliance with all the requirements of part 2 of these rules and chapters  1 
to 12 of this part.
13.1.1 All of the following are restrictions  for  the  application  of  this 
chapter:
  (a)  The tank shall be located  more  than  40  feet  (12   meters)    from 
buildings and property lines of adjacent properties that can be built upon.
  (b)  The separation distance is shall be   more   than   25    feet    (7.6 
meters) between the tank and the closer edge of a public way.
  (c)  A tank shall not be erected  less  than  300  feet  from  any  of  the 
following:
  (1) A mineshaft.
  (2) An air escape shaft for a mine.
  (3) A school.
  (4) A church.
  (5) A hospital.
  (6) A theater.
  (7) A nursing home.
  (8) A penal institution.
  (9) An adult foster care facility.
  (10)Homes for the aged.
The tank shall be located more than 100 feet (30 meters) from a building used 
for public assemblage for 50 or more people.
  (d)  Any source of ignition shall be more than 25 feet (7   meters)    from 
the tank.
  (e)  The  tank  shall  be  more  than  50  feet  (15   meters)    from    a 
single-family drinking well, 75  feet  (23  meters)  from  type  II  and  III 
noncommunity drinking water wells, and 200 feet (61 meters) from a   type   I 
community  or  type  IIa noncommunity drinking water well.
  (f)  The tank shall be more than 50 feet (15   meters)   from    a    storm 
drain, surface water, or designated wetland, unless some  other   engineering 
control exists so that a release would be controlled or directed  in  another 
direction.
  (g)  The tank will not be used for retail motor vehicle fueling.

  History: 2003 AACS.


R 29.5338 Design, construction, and siting of tanks.
  Rule  338.   Sections   13.2.1,   13.2.2,   13.2.3,    13.2.3.1,    13.2.4, 
13.2.5, 13.2.5.1, and 13.2.6 are added to the FL/CL code as follows:
13.2.1   Tanks,  whether  of   single   or   double   wall,   shall   be   of 
single-compartment  design  and  constructed  of  steel  in  accordance  with 
underwriters laboratories standard 142 (UL 142), "Steel Aboveground Tanks for 
Flammable and Combustible Liquids," adopted by reference in section 2.1.2.3.
13.2.2 Each tank shall be provided with a fill opening that is equipped  with 
a closure that is designed to be locked.  The fill opening shall be  separate 
from the vent opening.
13.2.3 Each single-wall tank, each primary tank, and the  interstitial  space 
of each double wall tank shall be provided with normal and emergency  venting 
that complies with  UL  142,  "Steel  Aboveground  Tanks  for  Flammable  and 
Combustible Liquids." 13.2.3.1 Vents shall be arranged to discharge   so   as 
to  prevent  localized overheating of or direct flame impingement on any part 
of the tank if  vapors from the vent are ignited.
13.2.4 Tanks shall be located outside and not less than 40 feet  (12  meters) 
from any  building.   They  shall  also  be  located  so  that  any  vehicle, 
equipment, or container that is filled directly from the  tank  is  not  less 
than 40 feet (12 meters) from any building.
13.2.5 Tanks that have top openings only shall be  mounted  and  equipped  as 
follows:
  (a)  Stationary tanks shall be mounted  on  solid  timber,   solid   cement 
blocks, or equivalent, so as to protect the bottom of the tank from corrosion 
due  to contact with the  ground  and  to  maintain  the  tank  in  a  stable 
condition.
  (b)  Moveable tanks shall be equipped with attached metal legs  that   rest 
on shoes or runners designed so that the tank  is  supported  in   a   stable 
position and so that the tank and its supports can be moved as a single unit.
  (c)  Tanks shall be  equipped  with  a  tightly  and  permanently  attached 
approved pumping device and hose.
  (d)  The dispenser device shall be made inoperable to   prevent   tampering 
when not in use.
  (e)   The  pump  discharge  shall  be  equipped   with     an     effective 
anti-siphoning device  or  the  discharge  hose  shall  be  equipped  with  a 
self-closing nozzle.
  (f)   Siphons,  manifolds,  or  internal   pressure   discharge     devices 
are prohibited.
13.2.5.1 Tanks elevated for gravity discharge shall be mounted  and  equipped 
as follows:
  (a)  Tanks shall be supported on  steel  or  wood  supports    that    have 
adequate strength and design  to  provide  stability.    Alternately,   tanks 
shall  be permitted to  be  placed  on  an  elevated  area  to  provide   the 
necessary elevation, if the tank is supported on  solid  timbers  or   cement 
blocks  6 inches (150 millimeters) in height so as to protect the bottom   of 
the  tank from corrosion due to contact with the ground and to  maintain  the 
tank  in  a stable position.
  (b)  Discharge connectors shall be made to the bottom or to the   end    of 
the tank.
  (c)  The discharge connection shall be  equipped  with   a    valve    that 
shall automatically close if there is a fire by means of  operation   of   an 
effective heat-actuated device.  The valve shall be located adjacent  to  the 
tank.   If the valve cannot be operated  manually,  an    additional    valve 
that  can  be operated manually shall be provided.
  (d)  The discharge connection shall be provided  with  an   approved   hose 
of sufficient length for filling  vehicles,  equipment,  and  containers   to 
be served by the tank.  The hose shall be provided with a self-closing nozzle 
at the discharge end.
  (e)  The discharge connection at the tank  shall  be  equipped    with    a 
locking valve so that it can be padlocked to prevent tampering.
13.2.6 Each storage site shall not have more  than  3  tanks  each  of  1,100 
gallons (4,180 liters) or less.  Storage sites on the same property shall  be 
separated by a minimum distance of 100  feet  (30  meters).   Tanks  at  each 
storage site shall be separated by a minimum distance of 3 feet (1 meter).

  History: 2003 AACS.


R 29.5339 Containment and spill prevention.
  Rule 339.  Sections 13.3.1, 13.3.2, 13.3.2.1, 13.3.3, and 13.3.4 are  added 
to the FL/CL code as follows:
13.3.1 At a minimum, each area where liquids are transferred from the tank to 
a vehicle, equipment, or  container  shall  be  protected  by  an  impervious 
surface, compatible with the product  transferred,  to  prevent  spills  from 
entering the groundwater, surface water, or subsurface soils.
13.3.2 Where single-wall tanks are provided with spill control by  impounding 
around the tanks by diking, the tank system and dikes shall be in  compliance 
with section 2.3.2.3.2 of part 2 of the FL/CL code.
13.3.2.1 When prevention of rain or snow accumulation in the  diked  area  is 
desired, a roof or canopy may be constructed over the diked area  if  all  of 
the following conditions are met:
  (a)   The  roof,  canopy,  and  their  supports   are    constructed     of 
noncombustible material.  The roof and canopy supports  cannot   be   located 
inside  the  diked wall.
  (b)  The lowest elevation of the roof or canopy shall not be  less  than  6 
feet (1.8 meters) from the top of the tank.
  (c)  The normal tank vent is extended through the roof or canopy.
  (d)  The roof or canopy is constructed in such a way that  it   will    not 
allow for vapors to accumulate under the canopy or roof.
13.3.3 A roof  or  canopy  is  allowed  to  be  constructed  over  a  single, 
double-wall, or a protected tank if the construction meets  the  requirements 
of section 13.3.2.1.
13.3.4 A roof or a canopy is allowed to be constructed over a liquid transfer 
area if the construction meets the requirements of section 13.3.2.1.

  History: 2003 AACS.


R 29.5340 Marking.
  Rule 340.  Sections 13.4.1, 13.4.2, and 13.4.3 are added to the FL/CL  code 
as follows:
13.4.1 Tanks shall be conspicuously marked  with  the  name  of  the  product 
contained and with the following marking:  "FLAMMABLE  (or  COMBUSTIBLE  when 
appropriate) - KEEP FIRE AND FLAME AWAY." 13.4.2 Tanks shall also  bear   the 
following  marking:  "KEEP  40  FEET  FROM BUILDINGS." 13.4.3  All  lettering 
on signage shall be 3 inches (75 millimeters) or more.

  History: 2003 AACS.


R 29.5341 Fire prevention and control.
  Rule 341.  Sections 13.5.1 and 13.5.2  are  added  to  the  FL/CL  code  as 
follows:
13.5.1 Open flames and smoking  materials  shall  not  be  permitted  in  the 
storage area.
13.5.2 The area within 10 feet (3 meters) of the tank shall be kept  free  of 
combustible materials.

  History: 2003 AACS.


PART 4.  AMENDMENTS TO THE  STANDARD  FOR  THE  INSTALLATION  OF  OIL?BURNING 
EQUIPMENT


R 29.5401  Prohibitions.
  Rule 401.  Sections 1.8.1, 1.8.2, 1.8.3, 1.8.4, and 1.8.5 are   added    to 
the FL/CL code as follows:
1.8.1 Upon notification by the department, a person  shall  not  deliver  any 
liquid into a storage tank system under any circumstances that are prohibited 
by these rules if a  tank  is  not  in  compliance  with  these  rules.   The 
notification may include  verbal  or  written  communication  or  an  affixed 
written notification on the storage tank system.
1.8.2  A  person  shall  not  tamper  with,  remove,  or  disregard   written 
notification affixed to the storage tank system.
1.8.3 Any storage tank system or practice that  is  not  in  compliance  with 
these rules shall be considered to be in violation of these rules.
1.8.4 An owner or operator shall not continue to use a  storage  tank  system 
that is causing a release and shall expeditiously empty  the  system  or  the 
component that is causing  the  release  until  the  system  is  repaired  or 
replaced.
1.8.5 The department may order, at the expense of the owner, a tightness test 
of the storage tank system when there is reason to believe that  the  storage 
tank system is leaking.

  History: 2003 AACS.


R 29.5402  Referenced publications.
  Rule 402.  Section 2.1.2.5 of  the  FL/CL  code  is  adopted    with    the 
following changes and section 2.1.2.7 is added to the FL/CL code as follows:
2.1.2.5 UL publications.  Underwriters Laboratories Inc., 333 Pfingsten Road, 
Northbrook, IL 60062.
UL  2085,  "Standard  for  Protected  Aboveground  Tanks  for  Flammable  and 
Combustible Liquids," 1997 edition.
2.1.2.7 STI publications.  Steel  Tank  Institute,  570  Oakwood  Road,  Lake 
Zurich, IL 60047.
STI act  100,  "Specification  for  the  Fabrication  of  FRP  Clad/Composite 
Underground  Storage  Tanks,  Installation  Check   List,   and   Record   of 
Installation." STI permatank, "Specification F922 for the  Fabrication  of  a 
Double Wall UST.
STI STI-P3,  Specification  for  Cathodically  Protected  Steel   Underground 
Storage Tanks, Installation Instructions, Standards for Dual-Wall Underground 
Steel Tanks."

  History: 2003 AACS.


R 29.5403  Definitions.
  Rule 403.  Sections 3.2.1 and 3.2.2 of the FL/CL code are   adopted    with 
the following changes and sections 3.2.2(a) and 3.2.2(b) are added  to    the 
FL/CL code as follows:
3.2.1 "Approved" means acceptable to the department.
3.2.2 "Authority having jurisdiction" means the department.
3.2.2(a) "Department" means the department of environmental quality.
3.2.2(b) "Director" means the director of the  department  of   environmental 
quality.

  History: 2003 AACS.


R 29.5404  General definitions.
  Rule 404.  Section 3.3.30 of  the  FL/CL  code  is   adopted    with    the 
following changes and sections 3.3.58.6 and 3.3.58.7 are added to  the  FL/CL
 code  as follows:
3.3.30 "Fuel oil" means any hydrocarbon oil  as  specified  by  ASTM  D  396, 
"Standard  Specification  for  Fuel  Oils,"  or   the   Canadian   government 
specification board, 3-GP-2e, "Heating Fuel Oil,"  adopted  by  reference  in 
section 2.1.2.3,  and  which  has  a  minimum  flash  point  of  100  degrees 
Fahrenheit (38 degrees Celsius).  Liquids that have  a  flash  point  of  200 
degrees Fahrenheit (93 degrees Celsius) or more and are stored in aboveground 
tanks are not covered in this part.  Used oil unless tested and in compliance 
with the flash point requirement, shall not be included in this definition.
3.3.58.6 "AST system" means a tank or combination  of  tanks,  including  the 
pipes  that  are  connected  to  the  tank,  tanks,  or  ancillary  equipment 
containment systems, if any, which is, was, or may have been used to  contain 
an accumulation of liquids and  which  has  less  than  10%  of  its  volume, 
including the volume of the underground pipes that are connected to the tank, 
or tanks, beneath the surface of the ground.
3.3.58.7 "UST system" means a tank or combination  of  tanks,  including  the 
underground pipes that are 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 liquids and which has 10% or more of 
its volume, including the volume of the underground pipes that are  connected 
to the tank or tanks, beneath the surface of the ground.

  History: 2003 AACS.


R 29.5405  Installation of oil-burning appliances and equipment.
  Rule 405.  Section 4.3.1 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections 4.3.1.1, 4.3.1.2, and 4.3.1.3 are   added   to 
the  FL/CL code as follows:
4.3.1 An aboveground storage tank system installation application shall  meet 
the requirements of section 1.11 of part 2 of these rules.
4.3.1.1 A heating fuel storage tank system that has a capacity of  more  than 
1,100 gallons (4,180 liters) shall not  be  installed  within  the  following 
distances of the following items:
  (1)  Fifty-feet (15 meters) from a single-family drinking water well.
  (2)  Seventy-five feet (22.5 meters) from a type IIb noncommunity  or  type 
III public drinking water well.
  (3)  Two hundred feet (61 meters)  from  a  type  I  community   or    type 
IIa noncommunity public drinking water well.
Aboveground storage tanks that do not have secondary containment shall not be 
installed within 300 feet (92 meters) from single-family drinking wells,  800 
feet (244 meters) from type IIb and III noncommunity  drinking  water  wells, 
2,000 feet (610 meters) from  type  I  community  or  type  IIa  noncommunity 
drinking water wells.  Aboveground storage tanks that do not  have  secondary 
containment shall not be installed in a delineated wellhead protection area.
Aboveground storage tanks that do not have secondary containment shall not be 
installed in a source water protection area critical assessment zone, or  300 
feet (92 meters) from a surface watershed delineated critical assessment zone.
Exception:  A person may install an AST system if it is a 1-for-1 replacement 
at an active aboveground or underground storage tank system location  without 
being subject to the requirements of this  section  if  the  new  AST  is  in 
compliance with the requirements of these rules for a new installation and if 
the new installation is not closer to a well than the existing installation.
4.3.1.2 A tank that has a capacity of more than 4,000 gallons (15,200 liters) 
shall not  be  installed  within  the  critical  assessment  zone  after  the 
effective date of these rules.  A tank which has a capacity of 4,000  gallons 
(15,200 liters) or less and which is installed within the critical assessment 
zone after  the  effective  date  of  these  rules  shall  have  liquid-tight 
secondary containment and overfill protection in compliance with this part.
Exception:  Tanks may be installed or replaced within a  critical  assessment 
zone if added to an active tank system, which is currently in  operation  and 
was operational before the effective date of these rules.  The  tank  may  be 
added if it has liquid-tight secondary containment  and  overfill  protection 
that meets the requirements of section 2.3.2.3 and section 2.6.1 of part 2 of 
these rules.  In addition, before the installation  of  any  new  aboveground 
storage tank, the facility shall be in compliance  with  section  2.3.2.7  of 
part 2 of these rules.
4.3.1.3 The requirements of subsection 4.3.1.2 may be modified  if  a  person 
can demonstrate that the aboveground storage tank installation is, or is not, 
within a source water protection area, wellhead protection area, or  wellhead 
zone of influence based on the best interests of public health,  safety,  and 
welfare and the environment.

  History: 2003 AACS.


R 29.5406  Basic design and construction of tanks.
  Rule 406.  Sections 7.2.2, 7.2.8, and 7.2.9  of  the   FL/CL    code    are 
adopted with the following changes and section 7.2.8.4 is added to the  FL/CL 
code  as follows:
7.2.2 Tanks meeting the requirements of  part  2  of  these  rules  shall  be 
considered as meeting the requirements of section 7.2.
7.2.8 Tanks shall be constructed in accordance  with  approved  standards  of 
design.  Atmospheric tanks shall be constructed in accordance with 1  of  the 
following or its equivalent.
  (a)  API standard  650,  "Specifications  for  Welded  Steel   Tanks    for 
Oil Storage," adopted by reference in section 2.1.2.1.
  (b)      ASTM      D      4021,      "Standard      Specification       for 
Glass-Fiber-Reinforced Polyester Underground  Petroleum    Storage    Tanks," 
adopted  by  reference  in section 2.1.2.3.
  (c)   UL  58,  "Standard  for  Steel  Underground  Tanks   for    Flammable 
and Combustible Liquids," adopted by reference in section 2.1.2.5.
  (d)  UL 80, Standard for "Steel Inside Tanks for Oil Burner Fuel,"  adopted 
by reference in section 2.1.2.5.
  (e)  UL  142,  "Standard  for  Steel  Aboveground  Tanks   for    Flammable 
and Combustible Liquids," adopted by reference in section 2.1.2.5.
  (f)   UL   1316,   "Standard   for    Glass    Fiber-Reinforced     Plastic 
Underground Storage Tanks for  Petroleum  Products,"  adopted  by   reference 
in  section 2.1.2.5.
  (g)  UL 2258, "Standard for  Tanks  for  Oil   Burner    Fuel-Nonmetallic," 
adopted by reference in section 2.1.2.5.
  (h)   STI  act  100,  "Specification  for  the   Fabrication     of     FRP 
Clad/Composite Underground  Storage  Tanks,   Installation    Check     List, 
and   Record   of Installation," adopted by reference in section 2.1.2.7.
  (i)   STI  STI-P3,  "Specification  for   Cathodically   Protected    Steel 
Underground Storage Tanks, Installation Instructions, Standards for Dual-Wall 
Underground Steel Tanks," adopted by reference in section 2.1.2.7.
  (j)  UL2085, "Standard for Protected  Aboveground  Tanks   for    Flammable 
and Combustible Liquids," adopted by reference in section 2.1.2.5.
7.2.8.4 Each tank shall be installed in compliance with its  design  and  its 
listing.
7.2.9  Where  a  tank  is  located  in  an  area  subject  to  flooding,  the 
requirements of sections 2.3.2.6 and 2.3.3.5.1 of  part  2  of  these  rules, 
whichever is applicable, shall be met.

  History: 2003 AACS.


R 29.5407  Installation of underground tanks (including  buried  tanks  under 
buildings).
  Rule 407.  Sections 7.4.2, 7.4.3, 7.4.4, 7.4.7, and 7.4.8 of   the    FL/CL 
code are adopted with the following changes and section 7.4.41  is  added  to
 the FL/CL code as follows:
7.4.2 Tanks installed underground, including tanks installed under buildings, 
shall meet the requirements of 1 of the following:
  (a)   UL  58,  "Standard  for  Steel  Underground  Tanks   for    Flammable 
and Combustible Liquids," adopted by reference in section 2.1.2.5.
  (b)   UL   1316,   "Standard   for    Glass    Fiber-Reinforced     Plastic 
Underground Storage Tanks for  Petroleum  Products,"  adopted  by   reference 
in  section 2.1.2.5.
  (c)      ASTM      D      4021,      "Standard      Specification       for 
Glass-Fiber-Reinforced Polyester Underground  Petroleum    Storage    Tanks," 
adopted  by  reference  in section 2.1.2.3.
  (d)   STI  act  100,  "Specification  for  the   Fabrication     of     FRP 
Clad/Composite Underground  Storage  Tanks,   Installation    Check     List, 
and   Record   of Installation," adopted by reference in section 2.1.2.7.
  (e)   STI  STI-P3,  "Specification  for   Cathodically   Protected    Steel 
Underground Storage Tanks, Installation Instructions, Standards for Dual-Wall 
Underground Steel Tanks," adopted by reference in section 2.1.2.7.
  (f)  The exception to 7.2.7.2 of this standard.
  (g)  STI permatank, "Specification F922 for the Fabrication of   a   Double 
Wall UST," adopted by reference in section 2.1.2.7.
7.4.3 Excavations for underground tanks shall be made with due care to  avoid 
undermining the foundations of existing  structures.   Underground  tanks  or 
tanks under buildings shall be located  with  respect  to  existing  building 
foundations and supports so that the loads carried by the  latter  cannot  be 
transmitted to the tank.  The distance from any  part  of  the  tank  to  the 
nearest basement, pit, or property line shall not be less  than  10  feet  (3 
meters).
7.4.4 Underground tanks shall be installed in accordance with  manufacturer's 
instructions.  The installation shall meet  all  applicable  requirements  of 
part 2 of these rules, including those for burial depth  and  cover  and  for 
corrosion control.
7.4.4.1 A tank and  its  piping  shall  be  protected  against  corrosion  in 
accordance with section 2.2.6.1 of part 2 of these rules.
7.4.7 An underground tank shall be provided with means for gauging.
7.4.8 Underground storage tanks that are not used to store liquids  for  more 
than 12 months shall be permanently closed.  Underground tanks that are taken 
out of service shall be removed or permanently closed in accordance with  the 
requirements of section 2.6.5 of part 2 of these rules.

  History: 2003 AACS.


R 29.5408  Installation of tanks inside of buildings.
  Rule 408.  Section 7.5.7 of  the  FL/CL  code   is   adopted    with    the 
following changes:
7.5.7 Tanks between 10 gallons and 660 gallons (38 liters and  2,500  liters) 
capacity shall use the opening in the bottom as a  burner  supply  connection 
and be arranged as follows:
  (a)  The tank shall be pitched toward the opening with a slope    of    not 
less than ¼ inch per foot (20 millimeters/meter) of length.
  (b)  The  tank  shall  be  provided  with  a  shutoff    valve    installed 
immediately adjacent to the burner supply connection at  the  bottom  of  the 
tank.

  History: 2003 AACS.


R 29.5409  Installation of outside aboveground tanks.
  Rule 409.  Section 7.6.3 of  the  FL/CL  code   is   adopted    with    the 
following changes:
7.6.3 An aboveground tank that has a capacity of more than 660 gallons (2,500 
liters) shall be installed in accordance with all applicable requirements  of 
part 2 of these rules.

  History: 2003 AACS.


R 29.5410  Tank heating systems.
  Rule 410.  Section 7.7.5 is added to the FL/CL code as follows:
7.7.5 The tank and its components shall be operated and maintained within its 
rated design.

  History: 2003 AACS.


R 29.5411  Testing and maintenance.
  Rule 411.  Section 7.9.4 is added to the FL/CL code as follows:
7.9.4 Each tank shall be maintained  to  ensure  that  water  is  removed  in 
accordance with recognized industry standards.

  History: 2003 AACS.


R 29.5412   Abandonment  and  removal  from  service  of  tanks  and  related 
equipment.
  Rule 412.  Section 7.10 of  the  FL/CL   code   is   adopted    with    the 
following changes:
Tanks not used to store liquids for 12 months shall be permanently closed  by 
complying with the requirements of sections 2.6.4 and  2.6.5  of  part  2  of 
these rules.

  History: 2003 AACS.


R 29.5413  Control of spills from aboveground tanks.
  Rule 413.  Sections 7.11.1, 7.11.2, 7.11.3, 7.11.4, and 7.11.5  are   added 
to the FL/CL code as follows:
7.11.1 Control of spills from aboveground tanks  shall  comply  with  section 
2.3.2.3 of part 2 of these rules.
7.11.2 Remote  impounding.   Remote  impounding  shall  comply  with  section 
2.3.2.3.1 of part 2 of these rules.
7.11.3 Impounding around tanks by diking.  Impounding around tanks by  diking 
shall comply with section 2.3.2.3.2 of part 2 of these rules.
7.11.4 Secondary containment tanks.  Secondary containment tanks shall comply 
with section 2.3.2.3.3 of part 2 of these rules.
7.11.5 Existing storage tanks.  All existing tanks which have a  capacity  of 
more than 1,100 gallons (4,180 liters) and which are not in  full  compliance 
with the requirements for new tanks under these rules shall  meet  1  of  the 
requirements in section 2.3.2.7 of part 2 of these rules.

  History: 2003 AACS.


R 29.5414  Tank fill piping.
  Rule 414.  Section 8.3.1 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections 8.3.4.1, 8.3.4.2,  8.3.4.3,  and   8.3.5   are 
added  to  the FL/CL code as follows:
8.3.1 The fill pipe shall be large enough and so located as to  permit  ready 
filling in a manner that prevents spills.   The  fill  pipe  shall  terminate 
outside the building at a point not less than 2 feet (0.6  meters)  from  any 
building at the same or lower level.  The fill  pipe  shall  terminate  in  a 
manner that prevents spills when the filling hose is disconnected.   The  end 
of the fill pipe shall be equipped with  a  tight  metal  cover  designed  to 
discourage tampering and shall be identified as a fuel oil fill.
Exception:  A crankcase oil or used oil fill pipe for a tank directly serving 
a used oil fired burner and appliance shall be permitted to terminate indoors 
in accordance with part 3 of these rules.  If the fill pipe has a funnel-type 
opening, then it shall be provided with a readily accessible  manual  shutoff 
valve of the ¼-turn-to-close type, between the funnel-type  opening  and  the 
tank.
8.3.4.1 Tank vehicle and tank car loading and unloading facilities  shall  be 
separate from aboveground tanks, warehouses, other plant  buildings,  or  the 
nearest line of adjoining property that can be built upon by  a  distance  of 
not less than 15 feet (4.6 meters)  for  class  II  and  class  III  liquids, 
measured from the nearest fill spout or transfer connection.  These distances 
shall be achieved by the use  of  fixed  piping  between  the  tank  and  the 
transfer connection.  These distances shall be permitted  to  be  reduced  by 
utilizing an automatic fixed fire protection  system  or  fire-rated  barrier 
rated for 2 or more hours.  Buildings for pumps  or  shelters  for  personnel 
shall be permitted to be a part of the facility.
Exception 1:  A fire protected tank or a tank in a vault does not have to  be 
in compliance with the separation distance requirements for the  loading  and 
unloading risers.
Exception 2:  A tank which has a capacity of 3,000 gallons (11,340 liters) or 
less, which is located 10 feet (3.1 meters) from any building, and  which  is 
provided with spill and audible overfill protection or other means acceptable 
to the department based on the best interests of public health,  safety,  and 
welfare and the environment, does not have  to  be  in  compliance  with  the 
separation distance requirements for loading and unloading risers.
8.3.4.2 Provisions shall be made to prevent liquids that can be spilled at  a 
loading or unloading facility from  entering  a  public  sewer,  groundwater, 
surface water, subsurface soils, or the impoundment area for the tanks, other 
than remote impounding.  If adequate spill protection is not provided at  the 
loading and unloading areas, a spill pad  shall  be  provided  with  a  fixed 
source of spill  containment  at  the  stationary  dry-break  connection.   A 
connection to a public sewer, drain, or surface water shall be provided  with 
a trap or separator.  The traps, separators, holding tanks, or other approved 
means  shall  be  properly  designed  and   maintained   according   to   the 
manufacturers operating instructions by the owner or operator  and  shall  be 
emptied of accumulated product, for which it  is  intended,  before  reaching 
safe storage capacity.   Existing  locations  shall  be  equipped  with  such 
provisions within 5 years of the effective date of these rules.
Exception:  A tank that has the capacity of 1,100 gallons (4,180  liters)  or 
less does not have to be in compliance with section 8.3.4.2.
8.3.4.3 A loading or unloading facility that has a canopy, roof, or otherwise 
sheltered from the weather shall be constructed of  noncombustible  materials 
and have prior approval by the department based  on  the  best  interests  of 
public health, safety, and welfare and the environment.  The canopy  or  roof 
shall not limit the dissipation of heat or dispersion of flammable vapors and 
cannot restrict firefighting access and control.
8.3.5 A fill pipe shall be removed or permanently sealed and capped when   no 
longer in use in compliance with section 2.6.5.3 of part 2 of these rules.

  History: 2003 AACS.


R 29.5415  Pumps, valves, gauges, and appurtenances.
  Rule 415.  Section 8.7.3 of  the  FL/CL  code   is   adopted    with    the 
following changes:
8.7.3 Inside tanks provided with fill vent pipes used for fuel oil  shall  be 
provided with a device to indicate, at the fill  point,  either  visually  or 
audibly, when the oil in the tank has reached a predetermined safe level.

  History: 2003 AACS.


R 29.5416  Testing and maintenance.
  Rule 416.  Section 8.8.3 is added to the FL/CL code as follows:
8.8.3 Vents shall be properly maintained to ensure that  sections  8.6.3  and 
8.6.4 are met.

  History: 2003 AACS.


R 29.5417  Centralized oil distribution systems.
  Rule 417.  Section 9.2.7 of  the  FL/CL  code   is   adopted    with    the 
following changes:
9.2.7 Aboveground tanks shall be provided with  spill  control  by  means  of 
diking meeting the requirements of section 2.3.2.3 of part 2 of these rules.

  History: 2003 AACS.


R 29.5418  Installation clearances.
  Rule 418.  Section 12.6.2 of  the  FL/CL  code  is   adopted    with    the 
following changes:
12.6.2 Used oil-burning appliances  shall  be  separated  from  flammable  or 
combustible liquids in accordance with applicable requirements of part  3  of 
these rules.

  History: 2003 AACS.


R 29.5419  Used oil supply tanks.
  Rule 419.  Sections 12.9.1, 12.9.2, and 12.9.3  of  the  FL/CL   code   are 
adopted with the following changes:
12.9.1 Supply  tanks  for  aboveground  indoor  supply  of  used  oil-burning 
appliances shall be listed in accordance with  UL  80,  "Standard  for  Steel 
Inside Tanks for Oil Burner Fuel," UL 142, adopted by  reference  in  section 
2.1.2.5, "Standard for Steel Aboveground Tanks for Flammable and  Combustible 
Liquids," or UL 2085, adopted by reference in section 2.1.25,  "Standard  for 
Protected Aboveground Tanks for Flammable and Combustible  Liquids,"  adopted 
by reference in section 2.1.25.
Exception:  Secondary containment-type tanks which meet the  requirements  of 
section 7.2.7.2 and which are listed for use with used oil shall be permitted 
to be used for aboveground indoor supply.
12.9.2 Supply  tanks  for  aboveground  indoor  supply  of  used  oil-burning 
appliances shall be listed in accordance with  UL  80,  "Standard  for  Steel 
Inside Tanks for Oil Burner Fuel," UL 142, "Standard  for  Steel  Aboveground 
Tanks for Flammable and Combustible Liquids,"  or  UL  2085,  "Standards  for 
Protected Aboveground Tanks for Flammable and Combustible  Liquids,"  adopted 
by reference in section 2.1.2.5.
12.9.3 Supply tanks for underground supply of used oil to a used  oil-burning 
appliance shall be listed in accordance  with  UL  58,  "Standard  for  Steel 
Underground Tanks for Flammable and Combustible Liquids," UL 1316,  "Standard 
for Glass-Fiber Reinforced Plastic Underground Storage  Tanks  for  Petroleum 
Products," UL  Standards  adopted  by  reference  in  section  2.1.2.5.   STI 
ACT-100, "Specification for the Fabrication of FRP Clad/Composite Underground 
Storage Tanks, Installation Check List,  and  Record  of  Installation,"  STI 
STI-P3, "Specification for Cathodically Protected Steel  Underground  Storage 
Tanks,  Installation  Instructions,"  STI  standards,   or   STI   permatank, 
"Specification F922 for the Fabrication of a Double  Wall  UST,"  adopted  by 
reference in section 2.1.2.7.

  History: 2003 AACS.


PART 5.  AMENDMENTS TO STANDARD FOR THE INSTALLATION AND  USE  OF  STATIONARY 
COMBUSTION ENGINES AND GAS TURBINES


R 29.5501  Purpose and scope.
  Rule 501.  Section 1-1.3 is added to the FL/CL code as follows:
1-1.3 Provisions of this part shall not prohibit the temporary use, for up to 
12 months, of a portable generator  unit  and  tank  for  supplemental  power 
located outside on the premises, which is  not  normally  accessible  to  the 
public.  The installation shall  only  be  made  with  the  approval  of  the 
department based on the best interests of public health, safety, and  welfare 
and the environment.

  History: 2003 AACS.


R 29.5502  Discretionary powers of the department.
  Rule 502.  Sections 1-2.1, 1-2.2(1), and 1-2.2(2) are added  to  the  FL/CL 
code as follows:
1-2.1 Nothing in this FL/CL code shall be intended  to  prevent  the  use  of 
systems, methods, or devices of equivalent  or  superior  quality,  strength, 
fire  resistance,   effectiveness,   durability,   environmental   protection 
capability, or safety over those prescribed by this FL/CL code, if  technical 
documentation is submitted to the department to demonstrate  equivalency  and 
the system, method, or device is approved for the intended purpose.
1-2.2(1) An owner or operator may make an application for a variance  to  the 
rules by applying to the department with a satisfactory explanation as to why 
compliance is not possible.  The  department  may  approve  a  variance  upon 
finding that the variance is based on the best interests  of  public  health, 
safety, welfare, and property and the environment.
1-2.2(2) 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.

  History: 2003 AACS.


R 29.5503  Installation application submittal requirements.
  Rule 503.  Sections 1-6.1, 1-6.2, 1-6.3, and 1-6.4 are   added    to    the 
FL/CL code as follows:
1-6.1 An aboveground storage tank system installation application shall  meet 
the requirements of section 1.11 of part 2 of these rules.
1-6.2 A fuel storage tank system that has  a  capacity  of  more  than  1,100 
gallons (4,180 liters) shall not be installed within the following  distances 
of the following items:
  (a)  Fifty-feet (15 meters) from a single-family drinking water well.
  (b)  Seventy-five feet (22.5 meters) from a type IIb noncommunity  or  type 
III public drinking water well.
  (c)  Two hundred feet (61 meters)  from  a  type  I  community   or    type 
IIa noncommunity public drinking water well.
Aboveground storage tanks that do not have secondary containment shall not be 
installed within 300 feet (92 meters) from single-family drinking wells,  800 
feet (244 meters) from type IIb and III noncommunity drinking water wells, or 
2,000 feet (610 meters) from  type  I  community  or  type  IIa  noncommunity 
drinking water wells.  Aboveground storage tanks that do not  have  secondary 
containment shall not be installed in a delineated wellhead protection area.
Aboveground storage tanks that do not have secondary containment shall not be 
installed in a source water protection area critical assessment zone  or  300 
feet (92 meters) from a surface watershed delineated critical assessment zone.
Exception:  A person may install an AST system if it is a 1 for 1 replacement 
at an active aboveground or underground storage tank system location  without 
being subject to the requirements of this section;  if  the  new  AST  is  in 
compliance with the requirements of these rules for a new  installation,  and 
if  the  new  installation  is  not  closer  to  a  well  than  the  existing 
installation.
1-6.3 A tank that has a capacity of more than 4,000 gallons  (15,200  liters) 
shall not  be  installed  within  the  critical  assessment  zone  after  the 
effective date of these rules.  A tank which has a capacity of 4,000  gallons 
(15,200 liters) or less and which is installed within the critical assessment 
zone after  the  effective  date  of  these  rules  shall  have  liquid-tight 
secondary containment and overfill protection in compliance with this part.
Exception:  Tanks may be installed or replaced within a  critical  assessment 
zone, if added to an active tank system which is currently in  operation  and 
which was operational before the effective date of these rules.  The tank may 
be added if it has liquid-tight secondary containment and overfill protection 
that meets the requirements of sections 2.3.2.3 and 2.6.1 of part 2 of  these 
rules.  In addition, before the installation of any new  aboveground  storage 
tank, the facility shall be in compliance with section 2.3.2.7 of part  2  of 
these rules.
1-6.4 The requirements of section 1-6.3 may be  modified  if  a  person   can 
demonstrate that the aboveground storage tank installation  is,  or  is  not, 
within a source water protection area, wellhead protection area, or  wellhead 
zone of influence based on the best interests of public health,  safety,  and 
welfare and the environment.

  History: 2003 AACS.


R 29.5504  Storage.
  Rule 504.  Section 1-7.1 is added to the FL/CL code as follows:
1-7.1 Liquids shall be stored in  tanks,  portable  tanks,  bulk  containers, 
containers, and intermediate bulk containers in compliance  with  part  2  of 
these rules.  Each tank or bulk container shall be  installed  in  compliance 
with its design and listing approval.

  History: 2003 AACS.


R 29.5505  Definitions.
  Rule 505.  Section 2-1 of  the   FL/CL   code   is   adopted    with    the 
following changes to the definitions  of:  "approved,"   "authority    having 
jurisdiction," and "listed," and by adding the definitions  "department"  and 
"director." 2-1.1 "Approved" means acceptable to the department.
2-1.2 "Authority having jurisdiction" mean the department.
2-1.3 "Department" means the department of environmental quality.
2-1.4 "Director" means  the  director  of  the  department  of  environmental 
quality.
2-1.5 "Listed" means equipment, materials, or services  included  in  a  list 
published by an organization which is concerned with evaluation  of  products 
or services, which maintains periodic  inspection  of  production  of  listed 
equipment or materials or periodic evaluation of services,  and  which  lists 
states where the equipment, material, or service meets appropriate designated 
standards or has been tested and found suitable for a specified purpose.  The 
product listings shall be acceptable to the  department  based  on  the  best 
interests of public health, safety, and welfare and the environment.

  History: 2003 AACS.


R 29.5506  Prohibitions.
  Rule 506.  Sections 1-8.1 to 1-8.5 are added to the FL/CL code as follows:
1-8.1 Upon notification by the department a  person  shall  not  deliver  any 
liquid into a storage tank system under any circumstances that are prohibited 
by these rules or if a tank is not  in  compliance  with  these  rules.   The 
notification may include  verbal  or  written  communication  or  an  affixed 
written notification on the storage tank system.
1-8.2  A  person  shall  not  tamper  with,  remove,  or  disregard   written 
notification affixed to the storage tank system.
1-8.3 Any storage tank system or practice that  is  not  in  compliance  with 
these rules shall be considered to be in violation of these rules.
1-8.4 An owner or operator shall not continue to use a  storage  tank  system 
that is causing a release and shall expeditiously empty  the  system  or  the 
component that is causing  the  release  until  the  system  is  repaired  or 
replaced.
1-8.5 The department may order, at the expense of the owner, a tightness test 
of the storage tank system when there is reason to believe that  the  storage 
tank system is leaking.

  History: 2003 AACS.


R 29.5507  Definition of terms used in this standard.
  Rule 507.  Section 2-2 of  the   FL/CL   code   is   adopted    with    the 
following changes and additions to the definitions of:  "AST  system,"  "tank
 system," and "UST system." 2-2.1 "AST system" means a tank or combination of 
tanks, including the  pipes that are connected  to  the  tank,   tanks,    or 
ancillary  equipment  containment systems, if any, which is,  was,   or   may 
have  been,  used  to  contain  an accumulation of liquids and which has less 
than 10% of its volume,  including the volume of the underground  pipes  that 
are connected to the tank, or tanks, beneath the surface of the ground.
2-2.2 "Tank system" means an AST system or UST system.
2-2.3 "UST system" means  a  tank  or  combination  of  tanks  including  the 
underground pipes that are 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 liquids and which has 10% or more of 
its volume, including the volume of the underground pipes that are  connected 
to the tank or tanks, beneath the surface of the ground.

  History: 2003 AACS.


R 29.5508  Gas piping.
  Rule 508.  Section 4-1.1.3 of  the  FL/CL  code  is  adopted    with    the 
following changes:
4-1.1.3  LP-Gas Systems, whether liquid or vapor phase, shall be installed in 
accordance with R 29.4001 et seq.

  History: 2003 AACS.


R 29.5509  Design and construction of liquid-fueled tanks.
  Rule 509.  Section 5-1 of  the   FL/CL   code   is   adopted    with    the 
following changes and sections 5-1, exception 1, exception  2,  exception  3, 
exception 4, exception 5, exception 6,  and  5-1.1  of  the  FL/CL  code  are 
deleted as follows:
5-1 Design and construction of liquid-fueled  tanks.   Fuel  tanks  shall  be 
constructed in accordance with the applicable tank specifications in  part  2 
of these rules.
Exception number 1 is deleted.
Exception number 2 is deleted.
Exception number 3 is deleted.
Exception number 4 is deleted.
Exception number 5 is deleted.
Exception number 6 is deleted.
5-1.1 is deleted.

  History: 2003 AACS.


R 29.5510  Installation criteria for fuel tanks containing class I fuels.
  Rule 510.  Section 5-2.3 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5-2.3 Other requirements for fuel tanks such  as  construction,  the  minimum 
distance from any line of  adjoining  property  that  might  be  built  upon, 
spacing, dikes, foundations, supports, depth and cover, anchorage, normal and 
emergency vents, corrosion protection, spill  control,  existing  aboveground 
tanks, and testing shall be accordance with the applicable provisions of part 
2 of these rules.

  History: 2003 AACS.


R 29.5511  Installation criteria for fuel tanks containing liquid fuels other 
than class I fuels.
  Rule 511.  Sections 5-3.1 and 5-3.3.1 of the FL/CL code are  adopted   with 
the following changes and section 5-3.1.1 is  added  to  the  FL/CL  code  as 
follows:
5-3.1 General.  Engine-mounted tanks shall be securely mounted on the  engine 
assembly and protected against vibration, physical damage, engine  heat,  and 
the heat of exhaust piping.  Not more than 1  engine-mounted  tank  shall  be 
installed on each engine.
5-3.1.1 A generator base tank shall be designed to support the weight of  the 
generator unit placed on top of the tank.  The tank and secondary containment 
shall be built to a nationally recognized  standard  of  design  such  as  an 
Underwriters Laboratories standard.
5-3.3.1 Fuel tanks located outside, either  aboveground  or  underground,  or 
beneath a structure shall comply with the applicable provisions of part 2  of 
these rules, including sections 2.3.2.3 and 2.3.2.7.

  History: 2003 AACS.


R 29.5512   Installation  criteria  for  fuel  tanks   containing   liquefied 
petroleum gases.
  Rule 512.  Section 5-4.1 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5-4.1 LP-Gas systems in the liquid phase shall  be  installed  in  accordance 
with the provisions of R 29.4001 et seq.

 History: 2003 AACS.


R 29.5513  Filling.
  Rule 513.  Section 5-6.3 of  the  FL/CL  code   is   adopted    with    the 
following changes:
5-6.3  Piping for fuel tanks shall be in accordance  with  part  2  of  these 
rules.

 History: 2003 AACS.


R 29.5514  Vent piping.
  Rule 514.  Section 5-7 of  the   FL/CL   code   is   adopted    with    the 
following changes:
5-7 Piping for fuel tanks shall be in accordance with part 2 of these rules.

 History: 2003 AACS.


R 29.5515  Fuel piping, valves, and fittings.
  Rule 515.  Section 5-8.1 of  the  FL/CL  code   is   adopted    with    the 
following changes and sections 5-8.5, 5-8.6, and 5-8.7 are added to the FL/CL
 code  as follows:
5-8.1 Piping shall be accordance with chapter 3 of part 2 of the FL/CL  code, 
except that piping shall be steel  or  other  metal  and  the  provisions  of 
section 5-8.2 shall apply.
5-8.5 Tank vehicle and tank car loading and  unloading  facilities  shall  be 
separate from aboveground tanks, warehouses, other plant  buildings,  or  the 
nearest line of adjoining property that can be built upon by  a  distance  of 
not less than 25 feet (7.6 meters) for class I liquids and not less  than  15 
feet (4.6 meters) for class II and  class  III  liquids,  measured  from  the 
nearest fill spout or transfer connection.  These distances shall be achieved 
by the use of fixed piping between the tank and  the  transfer  connection.
These distances shall be permitted to be reduced by  utilizing  an  automatic 
fixed fire protection system or fire-rated barrier rated for 2 or more hours.
 Buildings for pumps or shelters for personnel shall be  permitted  to  be  a 
part of the facility.
Exception 1: A fire protected tank or a tank in a vault does not have  to  be 
in compliance with the separation distance requirements for the  loading  and 
unloading risers.
Exception 2: A tank which has a capacity of 3,000 gallons (11,340 liters)  or 
less, which is located 10 feet (3.1 meters) from any building, and  which  is 
provided with spill and audible overfill protection or other means acceptable 
to the department based on the best interests of public health,  safety,  and 
welfare and the environment does not  have  to  be  in  compliance  with  the 
separation distance requirements for loading and unloading risers.
5-8.6 Provisions shall be made to prevent liquids that can be  spilled  at  a 
loading or unloading facility from  entering  a  public  sewer,  groundwater, 
surface water, subsurface soils, or the impoundment area for the tanks, other 
than remote impounding.  If adequate spill protection is not provided at  the 
loading and unloading areas, then a spill pad shall be provided with a  fixed 
source of spill  containment  at  the  stationary  dry-break  connection.   A 
connection to a public sewer, drain, or surface water shall be provided  with 
a trap or separator.  The traps, separators, holding tanks, or other approved 
means  shall  be  properly  designed  and   maintained   according   to   the 
manufacturers operating instructions by the owner or operator  and  shall  be 
emptied of accumulated product, for which it  is  intended,  before  reaching 
safe storage capacity.   Existing  locations  shall  be  equipped  with  such 
provisions within 5 years of the effective date of these rules.
5-8.7 A loading or unloading facility that has a canopy, roof,  or  otherwise 
sheltered from the weather shall be constructed of  noncombustible  materials 
and have prior approval by the department based  on  the  best  interests  of 
public health, safety, welfare, and the  environment.   The  canopy  or  roof 
shall not limit the dissipation of heat or dispersion of flammable vapors and 
cannot restrict firefighting access and control.

 History: 2003 AACS.


R 29.5516  Permanent closure of storage tanks.
  Rule 516.  Section 5-10 is added to the FL/CL code as follows:
5-10 Tanks not used to store liquids  for  12  months  shall  be  permanently 
closed by complying with the requirements of sections 2.6.4 and 2.6.5 of part 
2 of these rules.
Appendix A FORMS LIST corresponds to rule in PDF format
R 29.5516:Appendix A

 History: 2003 AACS.