DEPARTMENT OF AGRICULTURE

               PESTICIDE AND PLANT PEST MANAGEMENT DIVISION

           REGULATION NO. 640. COMMERCIAL PESTICIDE BULK STORAGE


(By authority conferred on the director of the department  of  agriculture by 
section 19 of Act No. 171 of the Public  Acts  of  1976,  as  amended,  being 
S286.569 of the Michigan Compiled Laws)


R  285.640.1   Definitions.
  Rule 1. As used in these rules:
  (a) "Approved" means approval by the director of the department  or  his or 
her representative.
  (b) "Appurtenances" means any of the following which are  connected  to   a 
bulk pesticide container or which are used for  transferring  bulk  pesticide 
between containers:
  (i) Valves.
  (ii) Gauges.
  (iii) Portable manufacturing units.
  (iv) Pumps.
  (v) Fittings.
  (vi) Hoses.
  (vii) Plumbing.
  (viii) Metering devices.
  (c)  "Bulk  pesticide"  means  any  registered    liquid    pesticide    or 
combination of liquid pesticides in an individual quantity   that   is   more 
than 55 United States gallons  or  any  registered  dry   pesticide   in   an 
individual quantity that is more than 100 pounds.  For   purposes   of   this 
regulation, use solutions and rinsates are bulk pesticides  if  they   exceed 
the stated quantities. Minibulks are included in this definition.
  (d)  "CERCLA"  means  the   comprehensive   environmental   responsibility, 
compensation and liability act of 1980, 42 U.S.C. S9601 et seq.
  (e) "Department" means the Michigan department of agriculture.
  (f) "Discharge" means an uncontained release to the  environment  of   bulk 
pesticide in a reportable quantity as defined by SARA title  III  and  CERCLA 
or, for products that are not listed in SARA  title  III   or   CERCLA,   any 
quantity that is more than 5  United  States  gallons  or   100   pounds   of 
pesticide. "Discharge" does not include a fully contained  transfer  of  bulk 
pesticide that  is  made  pursuant  to  sale,   storage,   distribution,   or 
intended use.
  (g) "Dry pesticide"  means  pesticide  that  is  in   solid   form   before 
application or mixing for application. The term includes formulations such as 
dusts, wettable powders, dry flowable powders, and granules.
  (h) "Elephant ring" means a storage container which has an  open  top   and 
which serves as a  secondary  containment  vessel  into   which   a   primary 
storage container with a smaller volume is placed.
  (i) "Existing bulk storage  facility"  means  a  facility   that   on   the 
effective date of  this  rule,  is  being  used  to  store   or   hold   bulk 
pesticides where the location of bulk containers remains  the  same   whether 
bulk containers are replaced, added to, or reorganized.
  (j) "Floodplain" means any land area that is subject to a  1%  or   greater 
chance of flooding. This is equivalent to a 100-year flood.
  (k) "Liquid pesticide"  means  pesticide  that  is  in   a   liquid   form, 
including solutions, emulsions, suspensions, and slurries  contained  in   an 
undivided quantity of  more  than  55  United  States   gallons.   The   term 
includes minibulk pesticides.
  (l) "Minibulk pesticide" means an amount of liquid   pesticide   which   is 
held in a single container with a volume more than 55, but  less  than   400, 
United States gallons that is designed for ready   handling   and   transport 
and has been filled by the original pesticide manufacturer or  repackager.
  (m) "Mobile container" means a container that is designed   or   used   for 
transporting pesticides.
  (n) "Modification" means changes in structures, processes, or activities at 
a bulk pesticide storage facility that alter the efficiency  or  capacity  of 
containment structures or systems.
  (o) "New bulk storage facility" means a storage facility  as  designated by 
the  director  or  a  storage   facility   that   locates   new,   used,   or 
refurbished bulk containers where, before the effective date  of  this  rule, 
bulk storage was not conducted.
  (p) "Operational area" means an  area  or  areas  at   a   bulk   pesticide 
storage facility  where  pesticides  are   transferred,   loaded,   unloaded, 
repackaged, or refilled.
  (q) "Operational area containment" means any structure or  system  that  is 
designed and constructed to  effectively  intercept   and   contain   spills, 
container or equipment washwater, and precipitation to prevent the  runoff or 
leaching of pesticide from a storage facility.
  (r) "Primary containment" means the storage of bulk  pesticide  in  storage 
containers at a storage facility.
  (s) "Rinsate" means the liquid which is generated from   the   rinsing   of 
the interior surface of any pesticide application  equipment   or   pesticide 
container that has come in direct contact with any pesticide. This  liquid is 
a mixture of water and a concentration  of  pesticide  that  is   below   the 
labeled application rate. "Rinsate" includes the liquid that is  generated by 
cleaning a containment area in  accordance   with   the   provisions   of   R 
285.640.11(3).
  (t)  "SARA  title  III"  means  the  emergency   planning   and   community 
right-to-know  act  (title  III)   of   the    superfund    amendments    and 
reauthorization act of 1986, 42 U.S.C. S11001 et seq.
  (u) "Secondary containment" means any structure, including  dikes,  that is 
effectively designed and constructed to  contain  spills  or  leaks  and   to 
prevent escapes, runoff, and leaching  of  pesticides   from   bulk   storage 
containers.
  (v) "Spill" means a contained release,  within  a   containment   area   or 
operational pad, of bulk pesticide in a reportable quantity  as  defined   by 
SARA title III and CERCLA or, for products that are  not   listed   in   SARA 
title III or CERCLA, any quantity  that  is  more  than   5   United   States 
gallons or 100 pounds. "Spill" does not include a fully contained transfer of 
bulk pesticide that is made  pursuant  to  sale,  storage,  distribution,  or 
intended use.
  (w) "Storage" means the storage of  bulk  pesticides  by   a   person   who 
manufactures, repackages, or distributes bulk  pesticides.   "Storage"   does 
not include the storage of pesticides by an agricultural producer for  use on 
land that is owned or leased by the producer.
  (x) "Storage container" means a container,  rail  car,   nurse   tank,   or 
other mobile container that is used for the  storage  of  bulk  pesticide.
"Storage container" does not include any of the following:
  (i) A mobile container that stores pesticide at a  storage   facility   for 
less than 15 consecutive days if this storage is incidental to the loading or 
unloading of a storage container at the storage facility.
  (ii) A mobile container that is located other than on  property  which   is 
owned, operated, or controlled by  an  owner  or  operator   of   a   storage 
facility for less than 15 consecutive days.
  (iii) A container which is 55 gallons  or  smaller  and   which   is   used 
solely as emergency storage for leaking pesticide containers.
  (iv) Pesticide application equipment in which pesticides  are  stored   for 
less than 5 consecutive days.
  (y) "Storage facility" means a facility which is used to  store   or   hold 
bulk pesticides and which is owned, operated, controlled, or  leased   by   a 
person who manufactures or distributes bulk pesticides.
  (z) "Sump" means any catch basin, pit, or reservoir,  and  those   trenches 
and troughs connected to them, that serve to collect liquid.
  (aa) "Surface water" means a body of water  that  has   its   top   surface 
exposed to the atmosphere and includes lakes, ponds, or  water   holes   that 
cover an area greater than 0.25 acres and streams,   rivers,   or   waterways 
that  maintain  a  flow  year-round.  "Surface  water"   does   not   include 
waterways with intermittent flow.
  (bb) "Washwater" means the liquid that is  generated   from   rinsing   the 
exterior surfaces of application,  handling,   storage,   or   transportation 
equipment. "Washwater" does not include the liquid that   is   generated   by 
cleaning a containment  area  in  accordance  with  the   provisions   of   R 
285.640.11(3).

  History:  1992 AACS.


R  285.640.2   Storage facility registration.
  Rule 2. (1) A person shall not operate a storage   facility   in   Michigan 
until it is registered with the  department.   A   registration   application 
shall be submitted for each facility on forms provided by the  department.
The registration application shall disclose the physical  location   of   the 
facility  and  its  mailing  address  if  different  from   that    on    the 
application. Together with the registration application,   a   person   shall 
submit a discharge response plan in accordance with the   provisions   of   R 
285.640.15 and a site plan of the facility. The site   plan   shall   include 
all of the following:
  (a) A plot plan or map of the property that shows all  structures  and  the 
location of all wells on the site.
  (b) A plot plan or map that shows all of the following:
  (i) Precipitation runoff routes from the storage facility.
  (ii) Approximate distance to, and identity of,  lakes,  streams,   drainage 
ditches, or storm drains within 0.5 mile of the storage facility location.
  (iii) Distance and direction to nearest public and private wells.
  (iv) Site soil characteristics.
  (v) Depth to groundwater.
  (c) A plot plan or map that shows the location of bulk  storage  tanks  and 
their horizontal, raised, or vertical situation at the site,   and   a   tank 
schedule that provides for each tank, all of the following information:
  (i) The construction material.
  (ii) The capacity.
  (iii) The diameter.
  (iv) The height.
  (v) The product stored.
  (d) Secondary and operational area containment   construction   plans   and 
the capacity of such containment areas in gallons.
  (e) If synthetic liners or synthetic  materials   are   used,   containment 
structure  manufacturer  installation  instructions   and   confirmation   of 
compatibility  with  pesticides.  If  prefabricated    basins    are    used, 
containment structure  manufacturer  confirmation   of   compatibility   with 
pesticides and an estimate of the life expectancy of the structure.
  (f) An operational plan for containment areas that   shows   the   handling 
and  utilization  of  recovered  pesticide   materials,    rinsewater,    and 
precipitation accumulation.
  (2) For facilities which are in operation on the effective  date  of   this 
rule and which do not meet the containment requirements of this rule, both of 
the following shall be submitted with the registration application:
  (a) Items that are required pursuant to the provisions of  subrule  (1)  of 
this rule.
  (b) Designs for required containment structures, including  the  amount  of 
construction  that  has  been  completed  and  a   timetable   for   complete 
compliance with this rule.
  (3) All registrations expire on December 31 of each  year.   The   facility 
site plan need not be submitted with the   registration   application   after 
the first registration is approved unless modifications   to   the   facility 
occur affecting subrules (1) and (2) of this rule.
  (4) For facilities with containments under construction   or   with   plans 
for construction, the items specified in subrule (2) of this  rule  shall  be 
submitted  annually  with   the   registration    application    until    the 
construction has been completed.
  (5) After an initial storage facility registration has  been  completed, if 
 changes  or  modifications   have   not   occurred    since    the    latest 
registration, the items specified in subrules (1) and (2) of  this  rule  are 
not required to  be  submitted  with  the   storage   facility   registration 
application or renewal.
  (6) The department shall have the authority to approve  with  conditions  a 
registration  application  if  the  applicant   facility    has    met    the 
requirements of subrules (2) to (5)  of  this  rule.   All   approvals   with 
conditions shall meet timetables for project completion as  approved  by  the 
department and may have a maximum of 5 years to fully complete a  project.
  (7) The department shall have  the  authority  to   deny   a   registration 
application if the applicant facility does not meet   the   requirements   of 
this rule. The applicant facility may appeal a registration  denial  to   the 
department director for reevaluation.
  (8) The department shall inform an applicant of  approval,  approval   with 
conditions, or denial of registration and shall indicate  the  conditions  of 
approval or the reasons for denial of registration, if applicable.
  (9) The department may exempt any person from a  requirement   under   this 
rule if compliance is not technically feasible and   the   department   finds 
that alternative measures provide substantially similar protection against  a 
discharge to the environment. All information which is required to prove that 
substantially similar  protection  is  possible  shall  be  provided  to  the 
department by the person who requests the exemption.
  (10) For  the  year  in  which  this  rule   takes   effect,   registration 
applications shall be submitted to the department within 180  days   of   the 
effective date of this rule.

  History:  1992 AACS.


R  285.640.3   Siting of storage facilities.
  Rule 3. (1) The siting of a bulk pesticide storage  facility  shall  comply 
with applicable local, state, and federal regulations.
  (2) New bulk storage facilities and their  respective   containment   areas 
shall be located as follows:
  (a) Above a floodplain as defined in R 285.640.1(1).
  (b) A minimum of 200 feet from surface water.
  (c) A minimum of 2,000 feet from type I and type IIa  public  water  supply 
wells, as defined by the provisions of Act No. 399 of the  Public   Acts   of 
1976, as amended, being S325.1001 et seq. of the Michigan  Compiled  Laws.
  (d) A minimum of 800 feet from type IIb and type III  public  water  supply 
wells, as defined by the provisions of Act No. 399 of the  Public   Acts   of 
1976, as amended, being S325.1001 et seq. of the Michigan  Compiled  Laws.
  (e) A minimum of 150 feet from all other drinking   water   supplies   that 
are not defined by the provisions of Act No. 399 of  the   Public   Acts   of 
1976, as amended, being S325.1001 et seq. of the Michigan  Compiled  Laws.
  (3) Existing bulk storage  facilities  that   have   approved   containment 
shall have the outside base of the containment areas located  as  follows:
  (a) A minimum of 200 feet from type I and type IIa  public   water   supply 
wells, as defined by the provisions of Act No. 399 of the  Public   Acts   of 
1976, as amended, being S325.1001 et seq. of the Michigan  Compiled  Laws.
  (b) A minimum of 75 feet from type IIb and type III  public  water   supply 
wells, as defined by the provisions of Act No. 399 of the  Public   Acts   of 
1976, as amended, being S325.1001 et seq. of the Michigan  Compiled  Laws.
  (c) A minimum of 50 feet from all other drinking water  supplies  that  are 
not defined by the provisions of Act No. 399 of the Public Acts  of  1976, as 
amended, being S325.1001 of the Michigan Compiled Laws.
  (4) All bulk storage facilities shall   utilize   appropriate   engineering 
safeguards to  prevent  water  supply  contamination   if   the   floodplain, 
surface water, or water supply setback requirements in   subrules   (2)   and 
(3) of this rule cannot be met.  These  engineering   safeguards   shall   be 
implemented before initial approval of  a  facility   registration   by   the 
department.
  (5) Bulk storage construction  standards  for   primary,   secondary,   and 
operational  containment  facilities  that  are   constructed    after    the 
effective date of this rule shall be of a type recommended by  any   of   the 
following entities:
  (a) Michigan state university.
  (b) Midwest plan service.
  (c) Tennessee valley authority.
  (d) A licensed engineer.
  (e) Other sources approved by the department.
  (6) The department is not liable  for  the  structural   integrity   of   a 
department-approved storage facility.

  History:  1992 AACS.


R  285.640.4   Primary containment of bulk liquid pesticides.
  Rule 4. (1) A storage container shall not  be  made   of   ferrous   metals 
unless the container is made of  stainless  steel,  the   container   has   a 
protective lining which  prevents  corrosion  and  which   does   not   react 
chemically with the stored pesticide, or the manufacturer   of   the   stored 
pesticide has confirmed, in writing,  to  the   department   that   corrosion 
tests have been conducted and storage in such unlined  containers  has   been 
found to be satisfactory.
  (2)  Storage  containers  and  appurtenances  shall   be   constructed   of 
materials that are resistant to corrosion, puncture, and cracking.
  (3) Metals that are used for valves,  fittings,  and   repairs   on   metal 
containers shall be compatible with  the  metals  that  are   used   in   the 
construction of the storage container so that the   combination   of   metals 
does not  cause  or  increase  corrosion  which  may   weaken   the   storage 
container or its appurtenances or create a risk of discharge.
  (4) Storage containers and appurtenances shall be designed  to  handle  all 
operating stresses, taking into account static head,  pressure  buildup  from 
pumps and compressors, and any other  mechanical  stresses   to   which   the 
storage containers and appurtenances may  be  subject  in   the   course   of 
operations.
  (5) Storage containers and  appurtenances,  including   pipes,   shall   be 
protected against reasonably foreseeable risks of  damage   by   trucks   and 
other moving  vehicles  that  are  engaged  in  the  handling   of   a   bulk 
pesticide.
  (6) All wetted parts inside shutoff  valves  and   connections   from   the 
storage container to the shutoff valve shall be made of  stainless  steel  or 
other material that is approved  by  the   department.   Minibulk   pesticide 
containers that are in compliance with DOT-57   or   MACA-75   specifications 
are exempt from the provisions of this subrule.
  (7) Provision shall be made to prevent cross-contamination   due   to   the 
use of common metering or plumbing devices.
  (8) Storage containers shall not be filled to more than  95%  of   capacity 
unless any of the following provisions apply:
  (a) The storage container construction  or   location   provides   constant 
temperature control.
  (b) The storage container is a minibulk pesticide container.
  (c) The storage container is  otherwise  designed  to  be   filled   to   a 
capacity  of  more  than  95%  of  its  total  volume   according   to    the 
manufacturer's recommendations.
  (9) Flexible connections and properly supported  appurtenances   shall   be 
utilized as dictated by engineering practices to   reduce   vibrational   and 
stress-related deterioration.
  (10) Backflow protection or a fixed air gap shall be  utilized  to  protect 
water lines as required by standard engineering and plumbing practices.
  (11) Primary containment piping shall be located above   the   ground   and 
within secondary containment.
  (12) Storage containers shall be anchored, elevated, or  secured  by   some 
other means to prevent flotation or instability.
  (13) Mobile storage containers that contain liquid   pesticide   shall   be 
stored not less than 100 feet from a water well or  surface   water   or   as 
required by the pesticide label, whichever distance is greater.
  (14) A person shall not store liquid pesticide in  an  underground  storage 
container. This prohibition does not apply to a watertight  catch  basin   or 
sump that is used for the temporary collection of runoff  or   rinsate   from 
transfer and loading areas.
  (15) Storage containers which are located outdoors and   which   are   more 
than 10 feet in height shall be placed  a  minimum  of  5   feet   from   the 
secondary containment wall or, as an alternative,  shall   be   designed   to 
prevent liquid pesticide discharges from the storage   container   over   the 
side of the dike wall. The distance between containers shall  be  adequate to 
allow for inspection and maintenance.
  (16) Facilities that have existing secondary containment   areas   on   the 
effective date of this rule are exempt from the wall   setback   and   design 
requirements specified in subrule (15) of this rule.  The  distance   between 
containers shall be adequate to allow for inspection and maintenance.
  (17) Storage containers which are located within a  walled  structure   and 
which are lower than the  surrounding  walls  are  exempt   from   the   wall 
setback and design requirements specified in subrule (15)  of  this  rule.
The distance between containers shall be adequate to  allow  for   inspection 
and maintenance.
  (18) All bulk pesticide containers shall be labeled  in   accordance   with 
the provisions of Act No. 171 of the Public  Acts  of   1976,   as   amended, 
being S286.551 et seq. of the Michigan  Compiled  Laws,   and   the   federal 
insecticide, fungicide, and rodenticide act of 1988, as amended, 7  U.S.C.
S136 et seq. The registered product label shall be affixed  in  a   prominent 
location on the bulk pesticide storage container and shall  be  designed   to 
remain intact and legible throughout the active use of the container.
  (19) Facilities that are placed in service after the  effective   date   of 
this rule shall immediately comply with this rule. Facilities  that  are   in 
service before the effective date of this rule shall have 1  year  to  comply 
with this rule.

  History:  1992 AACS.


R  285.640.5   Liquid level gauging devices.
  Rule 5. (1) Every storage container shall  be  equipped   with   a   liquid 
level gauging device that can readily and safely determine   the   level   of 
liquid in the storage container. A liquid  level  gauging   device   is   not 
required if the level of liquid in a storage container can  be  readily   and 
reliably measured by other means.
  (2) Liquid level gauging devices shall be  secured   to   protect   against 
breakage or vandalism.
  (3) External sight gauges are prohibited.
  (4) Facilities that are placed in service after the   effective   date   of 
this rule shall immediately comply with this rule. Facilities  that  are   in 
service before the effective date of this rule shall have 1  year  to  comply 
with this rule.

  History:  1992 AACS.


R  285.640.6   Venting requirements.
  Rule 6. (1)  Each  storage  container  that  is  used   for   bulk   liquid 
pesticide shall be equipped with a vent that has a  hood   or   an   inverted 
opening.
  (2) Conservation vents shall be used on containers  that   store   products 
where loss of vapor affects product quality or where the vapor is  harmful to 
plants, animals, or humans.
  (3) Conservation vents shall open and close within  the  designed  pressure 
limits of the storage container.
  (4) Full compliance with the provisions of this rule is  required  90  days 
after the effective date of this rule.

  History:  1992 AACS.


R  285.640.7   Security requirements.
  Rule 7. (1) Storage containers and appurtenances  shall   be   secured   to 
provide reasonable protection from wildlife,  vandalism,   and   unauthorized 
access. Security shall be provided by fencing, lighting,  locks,   or   other 
approved means.
  (2) Appurtenances on storage containers shall  be   locked   or   otherwise 
secured, except when persons who are responsible for  facility  security  are 
present at the facility.
  (3) Valves on mobile containers which contain liquid  pesticide  and  which 
are parked unattended at a storage facility shall be   locked   or   secured, 
except when persons who are responsible for facility security are  present at 
the facility.
  (4)  Every  storage  container  connection,  except   a    safety    relief 
connection, shall be equipped with a shutoff valve that is  located  on   the 
storage container or at a distance from the storage  container  dictated   by 
standard engineering practice.
  (5) For bulk storage containers that have pumps located at   the   top   of 
the tank, a shutoff valve between the pump and the tank   is   not   required 
only if a shutoff valve is located between the pump and the outlet.
  (6) For multiple valves that are located on a  single   line,   the   valve 
closest to its container shall be locked or secured,  except   when   persons 
who are responsible for facility security are present at  the  facility.  For 
elephant rings, the last valve that is located within  the  containment  area 
shall be locked or secured as stated in this rule.
  (7) Valves on empty containers shall be closed.
  (8) Minibulk pesticide containers that are in compliance  with  DOT-57   or 
MACA-75 specifications are exempt from the valve  requirements  specified  in 
subrules (4) and (5) of this rule.
  (9) Full compliance with the provisions of this  rule   is   required   180 
days after the effective date of this rule.

  History:  1992 AACS.


R  285.640.8   Secondary containment of bulk liquid pesticides.
  Rule 8. (1) Primary  storage  containers  of  bulk   pesticide   shall   be 
located within a diked containment area that is constructed  with   a   base, 
perimeter wall, sloped floor,  and  watertight  catch  basin   or   sump.   A 
containment area shall not have a relief outlet or  discharge  valve   unless 
the requirements of subrule (8)(d) of this rule are met.
  (2) Minibulk pesticide containers that are in compliance  with  DOT-57   or 
MACA-75 specifications are exempt from secondary containment requirements.
These minibulk  containers  shall  be  placed  upon   a   paved   impermeable 
surface.
  (3) A container which is used solely for the premixing  of  use  solutions, 
which has a maximum volume of 2,500 gallons, and which   is   in   compliance 
with all of the following requirements  shall  be   exempt   from   secondary 
containment requirements:
  (a) The container shall be attended by facility personnel  at   all   times 
when being used for mixing.
  (b) The contents of the container shall be completely  removed   at   least 
once every 24 hours.
  (c) The container shall be placed upon a paved impermeable surface.
  (d) The container shall be in compliance with the requirements specified in 
R 285.640.4.
  (4)  Capacity  requirements  for  secondary  containment   areas   are   as 
follows:
  (a) The diked area for containment at a bulk storage   facility   that   is 
not protected from rainfall shall contain a minimum of 110% of the  volume of 
the largest storage container within the diked area,  plus  the  volume  that 
is occupied by all other tanks within and below  the  height  of   the  dike, 
plus the volume of a 6-inch rainfall.
  (b) The diked area for containment at a bulk storage   facility   that   is 
protected from rainfall shall contain a minimum of 110% of  the   volume   of 
the largest storage container within the diked area, plus the volume  that is 
occupied by all other tanks within and below the height of the dike.
  (c) Secondary  containment  areas  which  were   constructed   before   the 
effective date of this rule and which have a minimum capacity  of   110%   of 
the volume of the largest storage container within the   diked   area,   plus 
the volume that is occupied by all other tanks within and below the height of 
the dike, shall be deemed to be in  compliance  with  this  rule.  Any   such 
storage facility shall, upon alteration of the secondary containment  area or 
increases in storage container  volume,  be  brought  into  full   compliance 
within 1 year of the alteration or increase.
  (d) Secondary containment that is not located within  a   roofed   building 
shall provide for separation between bulk pesticides and bulk  fertilizers to 
the extent that a  common  wall   or   curb   between   the   pesticide   and 
fertilizer areas will accomplish either of the following:
  (i) Prevent pesticide from  entering  the  fertilizer   area,   but   allow 
fertilizer to enter and utilize the pesticide area  while   maintaining   the 
capacity requirements  specified  in  subdivisions  (a)  to   (c)   of   this 
subrule.
  (ii) Maintain a complete separation of fertilizer and  pesticide,  with  or 
without a common wall,  if  each  separate  area   maintains   the   capacity 
requirements specified in subdivisions (a) to (c) of this subrule.
  (5) Wall requirements for secondary containment areas are as follows:
  (a) The walls of a secondary containment area shall   be   constructed   of 
any of the following materials and shall be designed to  withstand   a   full 
hydrostatic head of any discharged liquid and weight load of material:
  (i) Steel.
  (ii) Poured reinforced concrete.
  (iii) Precast concrete modules.
  (iv) Solid masonry.
  (v) Other materials approved by the department.
  (b) Cracks and seams shall be sealed to prevent leakage.
  (c) Walls shall not be more than 6 feet in height  above   interior   grade 
unless provision is made for normal access and necessary emergency  access to 
tanks, valves, and other equipment and  for  the  safe   exiting   from   the 
secondary containment facility.
  (d) Walls that are constructed of concrete or solid  masonry   shall   rest 
upon a floating base of concrete that is prepared as  specified  in   subrule 
(7)(a) of this rule or upon suitable concrete footings  that   extend   below 
the average frost depth to provide structural   integrity.   Joints   between 
walls and base shall be made watertight.
  (e) Piping shall not be  installed  through   the   secondary   containment 
wall, except for interconnections between  multiple   secondary   containment 
structures.
  (6) Base requirements for secondary containment areas are as follows:
  (a) The base of a secondary containment area shall slope  to  a  watertight 
catch basin or sump where accumulated liquids can be removed.
  (b) The base and any earthen walls of  the   secondary   containment   area 
shall be lined with concrete, steel, or approved synthetic liners.
  (7) Liner requirements for secondary containment areas are  as  follows:
  (a) Concrete liners shall be  designed  according   to   good   engineering 
practices to withstand any foreseeable  loading   conditions,   including   a 
full hydrostatic head of discharged fluid  and  static   loads   of   storage 
containers, including appurtenances, equipment, and  contents.   Cracks   and 
seams shall be sealed to prevent leakage.
  (b) Steel plates may be used for  wall  and   base   liners.   Installation 
plans shall be approved by the department. The plates  shall   be   protected 
against corrosion and joined in a manner to provide watertight joints.
  (c) Synthetic liners and installation plans shall  be   approved   by   the 
department. A synthetic liner will not be approved by  the  department  until 
the manufacturer of the liner  provides  the  department   with   a   written 
confirmation  of  compatibility  and  a  written  estimate   of   the    life 
expectancy of the liner.
  (d) Synthetic liners shall have a minimum  thickness  of   30   mils   (0.8 
millimeters) and be compatible with the materials being  stored  within   the 
facility.
  (e) Synthetic liners shall be  installed  under  the   supervision   of   a 
qualified representative of the  manufacturer   and   all   field-constructed 
seams shall be tested and repaired, if necessary, in  accordance   with   the 
manufacturer's recommendations.
  (f) Prefabricated  diked  areas  shall  not  have  a   relief   outlet   or 
discharge valve. The base shall slope to a  collecting   spot   where   storm 
water can be discharged by a  manually  activated  pump  for   use   in   the 
blending process or for proper disposal in accordance with the  provisions of 
R 285.640.11.
  (g) The department may approve the use of   experimental   materials   upon 
written  confirmation  from  the  manufacturer   regarding   the    pertinent 
specifications of the material for use in pesticide containment.
  (8) Catch basin or sump requirements for secondary containment areas are as 
follows:
  (a) The sump construction shall conform to the thickness specifications, on 
all sides including the base of the  sump,   for   the   remainder   of   the 
containment area base and shall be watertight.
  (b) Discharge valves or drains shall not be plumbed into  the  sump  unless 
the requirements of subdivision (d) of this subrule are met.
  (c) Design and construction specifications for the   sump   shall   address 
sediment accumulation, sediment removal, and freeze-thaw cycles.
  (d) An exception for allowing discharge valves or drains  to   be   plumbed 
into the sump may be granted if a catchment system that  includes   a   catch 
drain, discharge valve, and concrete  sump  tank,  as   described   in   this 
subdivision, is operational and if all of  the   following   conditions   are 
met:
  (i) The containment area and  discharge  valve  or  drain   shall   be   in 
existence  before  the  effective  date  of  this   rule.   Construction   of 
containment areas with discharge valves or drains will   not   be   permitted 
after the effective date of this rule.
  (ii) Concrete-lined areas shall have a recessed catch   drain   that   runs 
through the center of the base. The catch drain shall be a   minimum   of   6 
inches deep and 12 inches wide with an open grate cover.
  (iii) The concrete slab that is located beneath the catch drain shall be at 
least the same thickness below and to the sides of  the  drain  as  the  base 
is throughout the containment area and shall be   in   compliance   with  the 
provisions of R 285.640.8(6)(a).
  (iv) The concrete base shall slope to the drain,  and   the   drain   shall 
slope to a discharge valve at the edge of the dike.
  (v) The discharge valve shall be closed and secured at  all  times,  except 
when in use as specified in paragraph (vi) of this  subdivision,   at   which 
times it shall be attended by responsible personnel.
  (vi) The discharge valve shall drain to  an   underground   concrete   sump 
tank that has a maximum capacity of 1,200 gallons.  A  self-priming  recovery 
pump shall be used to move  all  materials  from  the   tank   to   alternate 
contained storage. The sump tank shall be used as   a   temporary   catchment 
only. The sump tank shall be pumped  at  least   weekly   during   non-winter 
months to remove any water or pesticide material that it collects.
  (vii) Liquids that accumulate in this type of catchment  system  shall   be 
managed in accordance with the provisions of R 285.640.11(2)(a) only.
  (9) Facilities that are placed in service after the   effective   date   of 
this rule shall immediately comply with this rule. Facilities  that  are   in 
service before the effective date of this  rule  shall  have   2   years   to 
comply with this rule.

  History:  1992 AACS.


R  285.640.9   Alternative to diking for storage containers.
  Rule 9. (1) An  individual  storage  container  that  does   not   have   a 
capacity of more than 3,000 gallons may be contained   within   a   secondary 
storage  container,  that  is,  an  elephant  ring,  instead   of   a   diked 
containment area.
  (2) Both the primary storage container and the elephant   ring   shall   be 
fabricated of material that is compatible with each  other   and   with   the 
pesticide that is being stored.
  (3) The height of the elephant ring wall shall not be more than 4  feet.
  (4) The volume that is contained within the secondary storage  walls  up to 
the working height of the elephant ring shall be sufficient to  contain  110% 
of the volume that is contained in the primary  storage  container  plus  the 
volume that is displaced by the footings of  any  equipment  which  is placed 
within the secondary containment vessel.
  (5) The elephant ring shall be free of leaks and  structural  defects.  The 
base shall be protected from corrosion, both from inside  and  outside,   and 
shall be underlaid with a concrete pad  or  with  8   inches   of   compacted 
gravel beneath 4 inches of compacted sand or clay, or shall  be  protected as 
recommended by the manufacturer of the elephant ring  and  approved   by  the 
department.
  (6) All piping connections to the primary  storage   container   shall   be 
made over the wall of the elephant ring and shall  be  adequately   supported 
and braced. Pumps and other fixtures, if located within  the  elephant   ring 
containment  structure,  shall  be  placed  on  an   elevated   platform   or 
otherwise protected from water accumulation.
  (7) Accumulations of storm water and other material shall  be  pumped  over 
the wall of the elephant ring by means of  a  pump   within   the   secondary 
container or by means of an exterior portable pump and shall  be  disposed of 
in accordance with the provisions of R 285.640.11(2).
  (8) A maximum of 3 elephant rings per  bulk  storage   facility   will   be 
permitted.
  (9) Full compliance with the provisions of this rule is  required  1   year 
after the effective date of this rule.

  History:  1992 AACS.


R  285.640.10   Operational area containment of liquid pesticides.
  Rule 10. (1) Operational areas shall be curbed or sloped   to   allow   the 
containment of accumulated liquids.  The  area  shall   be   constructed   of 
reinforced concrete or other suitable material approved by the department, to 
provide an impermeable  surface.   Operational   area   activities   at   the 
pesticide storage facility shall be carried out within this area.
  (2) The  operational  area  containment  shall  form  or   drain   into   a 
watertight catch basin or sump. The sump shall meet the  requirements  of   R 
285.640.8(8).
  (3) The operational area containment shall be constructed and reinforced to 
handle at least the foreseeable maximum gross load,  including  all   of  the 
following:
  (a) Product.
  (b) Equipment that utilizes the operational area.
  (c) Mobile containers.
  (d) Motor vehicles.
  (4) Size and capacity requirements for operational area containments are as 
follows:
  (a) The operational area containment shall have a minimum   width   of   10 
feet and a minimum length of 20 feet.
  (b) Except as provided  in  subdivision  (c)  of   this   subrule,   curbed 
surfaces and catch basins shall be of adequate size and design to  contain  a 
minimum of 1,500 gallons of discharged liquid.
  (c) If there are no storage containers that  are  used   at   the   storage 
facility which have a capacity of more than 1,000 gallons,   and   if   there 
are no mobile containers that are used to transfer liquid  pesticide  to  and 
from storage containers which have a capacity of more  than  1,000   gallons, 
the curbed surface and catch basin shall be of adequate size  and  design  to 
contain 110% of the volume of whichever is greater,   the   largest   storage 
container or the largest mobile container that is used.
  (d) The operational area containment capacity may  include  an  aboveground 
container for temporary storage if a pump is  installed  which  automatically 
transfers the contents of the sump into the container and  the  container  is 
located within secondary containment.
  (5) Any filling or unloading  point  of  a  mobile   container   shall   be 
positioned over the paved area  during  loading  or   unloading   to   assure 
retention of any discharge.
  (6) The secondary containment area that is described in  R  285.640.8  can, 
under the following conditions, be  jointly  utilized   as   an   operational 
containment area instead of a separate operational containment area:
  (a) Secondary containment areas are not lined with synthetic liners.
  (b) Sufficient capacity requirements and the provisions  of   R   285.640.8 
and this rule are complied with.
  (7) Storage containers and  appurtenances,  including   pipes,   shall   be 
protected against reasonably foreseeable risks of  damage   by   trucks   and 
other moving vehicles that are engaged in the loading or  unloading  of  bulk 
pesticide.
  (8) Loading and unloading operations shall be supervised at all times by an 
attendant  who  is  familiar   with   the   operation   of   the   mechanical 
appurtenances in use  at  the  facility  and  who  is   familiar   with   the 
procedures that are used for the control and recovery of discharges.
  (9) This rule does not apply to mobile containers that are  used  to  nurse 
field operations when at a field unloading site.
  (10) Facilities that are placed in service after the  effective   date   of 
these rules shall immediately comply with this rule. Facilities  that  are in 
service before the effective date of this  rule  shall  have   2   years   to 
comply with this rule.

  History:  1992 AACS.


R  285.640.11   Containment area management and operation.
  Rule 11. (1) Accumulated precipitation, spills, or leaks  within  diked  or 
sloped containment areas shall be managed as follows:
  (a) Accumulated liquids shall be removed by a manually  activated  pump.
  (b) Accumulated liquids in  the  sump  and  containment   area   shall   be 
removed within 72 hours of accumulation.
  (c) Recovered pesticide,  washwater,  rinsate,   or   accumulated   liquids 
shall be utilized in accordance with the provisions of subrule  (2)  of  this 
rule.
  (2) Precipitation accumulation in secondary,   operational,   or   elephant 
ring containment areas shall be utilized or disposed of in accordance with  1 
of the following provisions:
  (a) Contain, temporarily store, and  reuse  all   liquid   materials   that 
accumulate. The disposal of liquids from the containment  area   as   surface 
runoff is not permitted.
  (b) Contain, temporarily store, and  reuse  all   liquid   materials   that 
accumulate during the agrichemical application season. Clean  and  rinse  the 
containment area  at  the  end  of  the  season  in   accordance   with   the 
provisions of subrule (3) of this rule. Only after   cleaning   and   without 
the occurrence of any spills or leaks within the containment area, dispose of 
liquids from the containment area as surface runoff in accordance  with state 
and  local  requirements  until   the   agrichemical    application    season 
recommences.
  (c) Contain all liquid materials that  accumulate,   test   liquids   using 
department-approved methods for the presence of contaminants, and  dispose of 
liquid as surface runoff only when state  and  local  requirements  are met.
  (d)  Utilize  small  containers  beneath  all   connections,   pumps,   and 
potential spill areas. Contain, temporarily store, and reuse  or  dispose  of 
all liquid  materials  that  accumulate  within  these  small  containers.
Dispose of precipitation that accumulates  within  the   remainder   of   the 
containment area as surface runoff in  accordance  with   state   and   local 
requirements, only if no spills or leaks  have  occurred   outside   of   the 
small containers.
  (3) Containment areas shall be cleaned as follows:
  (a) Power wash the area using a biodegradable cleaner.
  (b) Triple rinse the area using water under high pressure.
  (c) Remove all  rinsate  that  is  generated  by   the   containment   area 
cleaning process.
  (4) Accumulated liquids shall not  be  released   into   any   watercourse, 
storm sewer, field tile, or sanitary sewer.
  (5) Discharges or spills that are incidental  to   loading   or   unloading 
shall be promptly recovered from the containment area and  catch  basin  such 
that the capacities required pursuant to the provisions  of  R   285.640.8(4) 
and R 285.640.10(4) are available at all times.
  (6) Facilities that are placed in service after the   effective   date   of 
this rule shall immediately comply with this rule. Facilities  that  are   in 
service before  the  effective  date  of  this  rule   and   have   completed 
secondary or operational containment areas, shall  immediately  comply   with 
this rule. Facilities that are in service before  the   effective   date   of 
this rule shall immediately comply  with  this  rule   upon   completion   of 
secondary or operational containment areas in compliance with R 285.640.8,  R 
285.640.9, or R 285.640.10.

  History:  1992 AACS.


R  285.640.12   Abandoned containers.
  Rule 12. (1) Storage containers and other containers that are  used  at   a 
storage  facility  to  hold  bulk  pesticide  or   pesticide   rinsates   are 
considered abandoned if they have been out of  service  for   more   than   6 
months because of a weakness or leak or have been out of  service   for   any 
reason for more than 2 years.
  (2) Abandoned underground containers,   including   abandoned   underground 
catch basins, shall be  thoroughly  cleaned  by  triple   rinsing,   or   the 
equivalent, and removed from the ground or thoroughly  cleaned   and   filled 
with an inert solid. All connections and vents shall  be   disconnected   and 
sealed. A record of the catch basin size, location, and  method  of   closing 
shall be maintained at the storage facility or as otherwise  provided  for in 
this rule.
  (3) Abandoned aboveground containers  shall  be   thoroughly   cleaned   by 
triple rinsing or the  equivalent.  All  valves  and   connections   on   the 
containers shall be removed and the openings shall be sealed.
  (4) A secondary containment facility is not  considered  abandoned   merely 
because there have been no spills in the secondary containment area.
  (5) Full compliance with the provisions of this rule is  required  90  days 
after the effective date of this rule.

  History:  1992 AACS.


R  285.640.13   Site closure and discontinuation of operation.
  Rule 13. (1) When  a  bulk  pesticide  storage  facility   is   closed   or 
operations are discontinued, all of  the  following   provisions   shall   be 
complied with:
  (a) All pesticides,  rinsates,  washwaters,  and   other   materials   that 
contain pesticides shall be removed from the facility   site   and   utilized 
for the original intended purpose of the  product  or  disposed   of   in   a 
manner approved by the department.
  (b) The storage containers at the facility shall be  thoroughly  cleaned by 
triple rinsing  or  the   equivalent.   All   valves   and   connections   on 
containers shall be removed and the openings shall be sealed.
  (2) Full compliance with the provisions of this rule is  required  90  days 
after the effective date of this rule.

  History:  1992 AACS.


R  285.640.14   Storage of bulk dry pesticides.
  Rule 14.  (1)  Dry  pesticide  materials  shall  be   stored   in   storage 
containers that are effectively designed and constructed to  hold  bulk   dry 
pesticide and shall be  compatible  with  the   stored   pesticide.   Storage 
containers shall  be  constructed  of  materials  that   are   resistant   to 
corrosion, puncture, and cracking and shall be maintained in a good  state of 
repair.
  (2) Bulk dry pesticide storage containers that are held  outdoors  shall be 
placed on pallets or on a raised  concrete  platform  that  is   drained   to 
prevent the accumulation of water in or under the pesticide.
  (3) Except during loading or unloading, stored bulk dry pesticide  shall be 
covered by a roof or tarpaulin to keep precipitation off the pesticide.
  (4) All loading, unloading, mixing, and handling of dry  pesticide  at  the 
storage facility shall be conducted on a paved impermeable   surface   of   a 
size and design  that  will  contain  the  pesticide  and   allow   for   the 
collection of spilled material to be recycled, applied at  labeled  rates, or 
disposed of in a manner approved by the department.
  (5)  Storage  facilities  shall  be  secured  against    the    entry    of 
unauthorized persons or wildlife.
  (6) Full compliance with the provisions of this rule is  required  90  days 
after the effective date of this rule.

  History:  1992 AACS.


R  285.640.15   Discharge response plan.
  Rule 15. (1) An operator of a storage facility shall  prepare   a   written 
discharge response plan for the storage facility. The  plan   shall   include 
all of the following information:
  (a) The identities and telephone numbers of the persons  or  agencies  that 
shall be contacted in the event of a discharge, including  the  persons   who 
are responsible for the stored pesticide.
  (b) For each bulk pesticide that is stored at the  facility,   a   complete 
copy of the storage container labeling that is required by  this   rule   and 
the labeling required by the provisions of Act No. 171 of the Public  Acts of 
1976, as amended, being S286.551 et seq. of the Michigan  Compiled  Laws,  to 
accompany the sale of the pesticide.
  (c) An identification, by location, of every bulk storage container that is 
located at the  bulk  storage   facility,   together   with   the   type   of 
pesticide it contains. The plan need not include the  specific  location   of 
each storage container of minibulk pesticide  if  the   plan   includes   the 
general location within the facility where storage  containers  of   minibulk 
pesticide are held.
  (d) For each type of pesticide that  is  stored  at   the   facility,   the 
procedures  to  be  used  in  controlling  and   recovering,   or   otherwise 
responding to, a discharge or spill.
  (e) The procedures to be followed in using or disposing  of   a   recovered 
discharge or spill.
  (2) An operator shall keep the plan current at all times.
  (3) A copy of the plan shall be kept readily available   at   the   storage 
facility and at the nearest local office from which the  storage  facility is 
administered and shall be available for inspection by  the  department.
  (4) The operator of the storage facility shall inform the  local  fire  and 
police departments of the existence  of  the  plan  and   shall   provide   a 
current copy of the plan to the local fire and police departments.
  (5) The owner or manager of a  bulk  pesticide   storage   facility   shall 
conduct emergency and discharge response training for all  new  and  existing 
employees of the facility annually before the beginning  of   the   pesticide 
use season. New  employees  shall  receive  training  within   30   days   of 
employment. A firm's owner, manager, and  employees   are   responsible   for 
following the firm's emergency and discharge response plan procedures.
  (6) All of the following provisions apply  to   emergency   equipment   and 
supplies:
  (a) Every storage facility shall  have  access  to   pumps   and   recovery 
containers that can be used to  control  and   recover   discharges.   Pumps, 
recovery  containers,  and  persons  who  are  capable   of   deploying   and 
operating pumps and recovery containers shall be readily  available   in   an 
emergency. Pumps and recovery containers may include   pumps   and   recovery 
containers that are operated by a local fire department or  other  persons if 
the use and availability  of   the   pumps   and   recovery   containers   is 
arranged in advance as part of a discharge response plan.
  (b) Absorbent materials that are suitable for the control  and  cleanup  of 
smaller discharges shall be readily available to every  storage  facility.
Used absorbent materials shall be disposed of properly.
  (c) Reportable agrichemical spills, as defined in the  provisions  of  SARA 
title III and CERCLA, shall be immediately reported by telephone  to  both of 
the following entities:
  (i) Michigan department of natural resources, 1-800-292-4706,  available 24 
hours a day.
  (ii) National response center, 1-800-424-8802.
  (d) Any discharge that is not covered by the provisions   of   SARA   title 
III or CERCLA  pertaining  to  reportable  agrichemical   spills   shall   be 
immediately reported to the department of natural resources.
  (7) Full compliance with the provisions of this rule is  required  on   the 
effective date of this rule.

  History:  1992 AACS.


R  285.640.16   Inspection and maintenance requirements.
  Rule 16. (1) An operator of a storage facility shall maintain  all  of  the 
following so as to minimize the risk of a discharge:
  (a) Storage facilities.
  (b) Secondary containment areas.
  (c) Operational areas.
  (d) Storage containers.
  (e) Appurtenances.
  (2) An operator of a storage facility shall inspect all of the following at 
least once every month when the  facility   is   being   utilized   for   the 
storage of bulk pesticides:
  (a) The facility.
  (b) Secondary containment areas.
  (c) Operational areas.
  (d) Storage containers.
  (e) Appurtenances.
The inspection shall include a visual  observation  for   any   evidence   of 
leaks, spills, cracks, solar decay, or wear.
  (3) All secondary containment and operational areas  shall  be   maintained 
free of debris and foreign matter.
  (4) Elephant rings shall be inspected by  the  operator   at   least   once 
every month and shall be maintained as necessary to  assure  compliance  with 
this rule.
  (5) A written record of all inspections and maintenance shall  be  made  on 
the day of the inspection or maintenance and shall be kept  at  the   storage 
site or at the nearest  local  office  from  which  the   storage   site   is 
administered.
  (6) Full compliance with the provisions of this rule is  required  on   the 
effective date of this rule.

  History:  1992 AACS.


R  285.640.17   Recordkeeping requirements.
  Rule 17. (1)  All  of  the  following  records  shall   be   prepared   and 
maintained on file at every storage  facility  or  at   the   nearest   local 
office from which the storage facility is administered:
  (a) A record of all discharges  to  the  environment   or   spills   within 
containment areas at the storage facility, including all  of  the   following 
information:
  (i) The date and time of the discharge or spill.
  (ii) The type and volume of  the  liquid  bulk  pesticide   or   dry   bulk 
pesticide involved.
  (iii) The cause and any action taken to control or recover the discharge or 
spill.
  (iv) The method of use or disposal  of  any   recovered   materials.   This 
record shall be completed on the day the discharge or  spill  is   discovered 
and shall be promptly updated to show measures taken  to  control,   recover, 
use, or dispose of the recovered materials.
  (b)  An  inventory  reconciliation  for  each   storage   container.   When 
facilities are in use for storage, an inventory   reconciliation   shall   be 
conducted at least once each year to  compare  the  measured   level   in   a 
storage container against shipments in and out of the container.
  (c) Inspection and maintenance  records  that  pertain  to   any   of   the 
following as required by the provisions of this rule:
  (i) Storage containers.
  (ii) Appurtenances.
  (iii) Operational area containment.
  (iv) Secondary containment facilities.
  (d) Copies of department inspection reports.
  (e) A permanent record of abandoned underground  containers  in  accordance 
with the provisions of R 285.640.12.
  (f) Facility site plan information required pursuant to  the  provisions of 
R 285.640.2(1) and (2).
  (2) Records shall be maintained for the following periods:
  (a) Records that are required pursuant  to  the   provisions   of   subrule 
(1)(e) of this rule shall be maintained as permanent records.
  (b) Records that are required pursuant to the provisions of subrule 1(a) to 
(d) and (f) of this rule shall be maintained for not less than 3 years.
  (c) Records shall  be  available  for  inspection  and   copying   by   the 
department.
  (3) Full compliance with the provisions of this rule is  required  on   the 
effective date of this rule.

  History:  1992 AACS.


R  285.640.18   Remediation actions.
  Rule 18. (1) If a discharge to the environment is reported or,  if   as   a 
result of observation or laboratory analysis by a state or federal agency, it 
is determined that a discharge  to   the   environment   has   occurred,   an 
operator shall comply with all of the following provisions:
  (a)  Remove  contaminated  materials  from  the   site,    determine    the 
concentration of pesticide, and field-apply at or below  labeled   rates   or 
properly dispose of the contaminated materials according to the department of 
natural resources directives.
  (b) Submit a revised facility site plan to the department  within  90  days 
after being notified of a discharge to the environment.  This  revised   site 
plan shall indicate the changes proposed to prevent  further  discharges   to 
the environment and be reviewed and  approved  by  any   state   or   federal 
agency deemed necessary by  the  department.  Following   approval   by   the 
department, the facility operator shall implement  the   changes   that   are 
designated in the revised site plan in a time period as  specified   by   the 
department.
  (c) If the facility operator decides to close the facility as  a  result of 
 a  contamination  notification,   the   facility   shall   be   closed    in 
accordance with the provisions of R 285.640.13.
  (2) Full compliance with the provisions of this rule is  required  on   the 
effective date of this rule.

  History:  1992 AACS.


R  285.640.19   Advisory information.
  Rule 19. (1) The information specified in this rule is   offered   by   the 
department with respect to other state agencies  and   their   policies   and 
regulations that may have an impact on bulk storage facilities.
  (2) All the following provisions  apply  to   flammable   and   combustible 
liquids:
  (a) A person who stores, or who is  considering  the   storage   of,   bulk 
pesticides is advised that  a  number  of  commonly   used   pesticides   are 
classified as combustible liquids. Act No. 207 of the Public Acts of 1941, as 
amended, being S29.1 et seq.  of  the   Michigan   Compiled   Laws,   defines 
"combustible liquids" as liquids that have a flash point at  or   above   100 
degrees Fahrenheit and below 200 degrees  Fahrenheit.  Regulations   covering 
the transportation and storage of these liquids have  been   promulgated   by 
the state fire safety board.  The  degree  of   regulation   regarding   bulk 
storage of these hazardous liquids depends primarily upon   the   volume   of 
the storage container and its location with respect to   other   sources   of 
combustion.
These regulations apply to all of the following areas:
  (i) Tank construction.
  (ii) Supports.
  (iii) Location.
  (iv) Spacing.
  (v) Diking.
  (vi) Venting.
  (vii) Valves.
  (viii) Piping.
  (ix) Back flow protection.
  (x) Pumps.
  (xi) Loading and unloading facilities.
  (xii) Labeling.
  (xiii) Equipment maintenance.
  (b) Copies of the rules that apply  to  the  storage   of   flammable   and 
combustible liquids, as well as additional information,  are  available  from 
the State Fire Safety Board, Fire Marshal Division, 3705  West  Jolly   Road, 
Lansing, Michigan 48911.
  (c) A list of pesticides that are classified as  combustible   liquids   is 
available from the Michigan Department of Agriculture,  Pesticide  and  Plant 
Pest Management Division, P.O. Box 30017, Lansing, Michigan 48909.
  (3) All the following provisions apply to discharge,  spill,   or   release 
reporting and remediation:
  (a) A person who operates  a  bulk  storage  facility   is   advised   that 
discharges, spills, or releases of bulk pesticide to the  environment  in   a 
manner inconsistent with  the  label  directions  may   have   reporting   or 
remedial action obligations to the department of natural resources.
  (b) Act No. 245 of the Public Acts of 1929, as amended,  being  S323.1   et 
seq. of the Michigan Compiled Laws,  and  known  as   the   water   resources 
commission act, regulates discharges or potential discharges  into  waters of 
the  state,  including  groundwater.   Copies   of   this   act   and   other 
pertinent rules are available from  the  Michigan   Department   of   Natural 
Resources, Waste Management Division, P.O. Box   30241,   Lansing,   Michigan 
48909.
  (c) Act No. 307 of the Public Acts of 1982, as amended,  being  S299.601 et 
seq. of the Michigan Compiled  Laws,   and   known   as   the   environmental 
response act, identifies, prioritizes, provides  response   activities   for, 
and sets cleanup standards for, environmental contamination sites.  Copies of 
this act and other pertinent  rules   are   available   from   the   Michigan 
Department of Natural Resources, Environmental Response  Division,  P.O.  Box 
30028, Lansing, Michigan 48909.
  (4) Both of the following provisions apply to the   disposal   of   certain 
pesticides:
  (a) A person who operates a bulk storage facility is   advised   that   the 
disposal of pesticides may be  regulated  by  the   department   of   natural 
resources.
  (b) Act No. 64 of the Public Acts of 1979, as amended,  being  S299.501  et 
seq. of the Michigan Compiled Laws,  and  known  as   the   hazardous   waste 
management act, regulates the  generation,   transportation,   storage,   and 
disposal of hazardous wastes. Copies of this act and  other  pertinent  rules 
are available from the Michigan Department  of   Natural   Resources,   Waste 
Management Division, P.O. Box 30241, Lansing, Michigan 48909.
  (5) All  the  following  provisions  apply  to   the   pollution   incident 
prevention plan (PIPP) requirements:
  (a) A person who operates a bulk storage facility is   advised   that   the 
department of natural resources may require the submittal  of   a   plan   of 
loss prevention and recovery depending upon the  type   of   material   being 
processed or stored.
  (b) The registration application, discharge response  plan,  and   facility 
site plans required by the provisions of R 285.640.2 may be  submitted  as  a 
PIPP plan to the  department  of  natural  resources.   The   department   of 
natural resources may determine that this information meets all,  or  only  a 
portion of, the requirements for the PIPP plans.
  (c) The provisions of R 323.1151 to R 323.1169 of   the   water   resources 
commission promulgated pursuant to Act No. 245 of the Public Acts of 1929, as 
amended, being S323.1 et seq. of the Michigan  Compiled  Laws,  require  that 
a pollution incident  prevention  plan  be  submitted  for  approval  to  the 
district office of the department of natural  resources,   waste   management 
division. Copies of this  act,  other  pertinent   rules,   district   office 
locations, and requirements for the PIPP  plans  are   available   from   the 
Michigan Department of Natural Resources, Waste Management Division,  P.O.
Box 30241, Lansing, Michigan 48909.
  (6) Both of the following provisions  apply  to   bulk   storage   facility 
designs:
  (a) A person who operates a bulk storage facility is   advised   that   the 
department, upon issuing a facility registration, is not   liable   for   the 
structural integrity of the storage facility.
  (b) A licensed  professional  engineer  should  be   consulted   with   for 
designs  and  construction  specifications   for    the    modification    or 
construction of a  bulk  storage  facility  to  meet   the   provisions   and 
requirements of these rules.
   
  History:  1992 AACS.