Mich. Admin. Code R. 285.641.1 - Definitions

Rule 1.

(1) As used in these rules:

(a) "API 650 standard" means the American Petroleum Institute standard number 650, tenth edition, November 1998, containing standards for the design and construction of welded steel tanks for oil storage, published by the American Petroleum Institute, 1220 L. Street, Northwest, Washington D.C., 20005-4070, http://www.api.org or surviving organization. This document is available at a cost of $289.00, which is the cost at the time of publication of this rule. This document is available for inspection from the Michigan Department of Agriculture, Pesticide and Plant Pest Management Division, 525 W. Allegan, Lansing, MI 48933.

(b) "API 653 standard" means the American Petroleum Institute standard number 653, third edition, September 2003, containing standards for the inspection, repair, alteration and reconstruction of welded steel tanks for oil storage, published by the American Petroleum Institute, 1220 L. Street, Northwest, Washington D.C., 20005-4070, http://www.api.org or surviving organization. This document is available at a cost of $176.00, which is the cost at the time of publication of this rule. This document is available for inspection from the Michigan Department of Agriculture, Pesticide and Plant Pest Management Division, 525 W. Allegan, Lansing, MI 48933.

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

(d) "Appurtenances" mean any of the following which are connected to a bulk fertilizer container or which are used for transferring bulk fertilizer between containers:

(i) Valves.

(ii) Gauges.

(iii) Portable manufacturing units.

(iv) Pumps.

(v) Fittings.

(vi) Hoses.

(vii) Mixing containers.

(viii) Plumbing.

(ix) Metering devices.

(e) "Aqua ammonia" means an aqueous solution of anhydrous ammonia which generally contains 18% to 30% of ammonia (NH3) by weight and which has a vapor pressure that usually varies from 0 to 10 pounds per square inch gauge (psig) at 104 degrees Fahrenheit.

(f) "Authorized inspector" means a person who is certified by the American Petroleum Institute under appendix D-authorized inspector certification, of the API 653 standard.

(g) "Bladder system" means a non-adhering liner physically attached to the inside of the large storage tank. The liner, constructed of a compatible synthetic material, provides physical separation of the liquid product from the sidewalls and storage container floor.

(h) "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of more than 2,500 United States gallons, fluid fertilizer in containers that have a combined total capacity for all storage containers or tanks located at a single site or location of more than 7,500 United States gallons, or dry fertilizer in an individual quantity of more than 2,000 pounds. For purposes of these rules, use solutions and rinsates are bulk fertilizers if they are in containers that meet the capacities specified in this subdivision.

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

(j) "Discharge" means an uncontained release to the environment in a quantity that is more than 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer. "Discharge" does not include a fully contained transfer of bulk fertilizer that is made pursuant to sale, storage, distribution, or intended use.

(k) "Distribute" has the meaning as defined in section 8501 of 1994 PA 451, MCL 324.8501.

(l) "Elephant ring" means a storage container which has an open top and which serves as a secondary containment vessel into which a primary storage container with a smaller volume is placed.

(m) "Existing bulk storage facility" means a facility that, on the effective date of this rule, is being used to store or hold bulk fertilizers where the location of bulk containers remains the same whether bulk containers are replaced, added to, or reorganized.

(n) "Fertilizer" has the meaning as defined in section 8501 of 1994 PA 451, MCL 324.8501.

(o) "Field operations" means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice.

(p) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding. This is equivalent to a 100-year flood.

(q) "Fluid fertilizer" means fertilizer in fluid form and includes solutions, emulsions, suspensions, and slurries. "Fluid fertilizer" does not include anhydrous ammonia.

(r) "Large storage tank" means a closed container used to store liquid fertilizer that has a capacity of 100,000 gallons or more and which has been constructed on-site.

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

(t) "Modification" means changes in structures, processes, or activities at a bulk fertilizer storage facility that alter the efficiency or capacity of containment structures or systems.

(u) "New bulk storage facility" means a storage facility designated by the director or a storage facility that locates new, used, or refurbished bulk containers where, before the effective date of this rule, bulk storage was not conducted.

(v) "Operational area containment" means a structure or system that is designed and constructed to effectively intercept and contain spills, container or equipment washwater, and precipitation to prevent the runoff or leaching of fertilizer from an area or areas at a storage facility where bulk fertilizers are transferred, loaded, unloaded, mixed, impregnated, repackaged, or refilled.

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

(x) "Primary containment piping" consists of any conveyance utilized to transport liquid fertilizer into or out of the storage area.

(y) "Rinsate" means the liquid that is generated from the rinsing of the interior surface of fertilizer application equipment or a fertilizer container that has come in direct contact with fertilizer. The liquid is a mixture of water and a relatively low concentration of fertilizer. "Rinsate" includes the liquid that is generated by cleaning a containment area under R 285.641.10(3).

(z) "Secondary containment" means a structure, including dikes, that is effectively designed and constructed to contain spills or leaks and to prevent escapes, runoff, and leaching of fertilizer from bulk storage containers and appurtenances.

(aa) "Spill" means a contained release, within a containment area or operational pad, in a quantity that is more than 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer. "Spill" does not include a fully contained transfer of bulk fertilizer that is made pursuant to sale, storage, distribution, or intended use.

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

(cc) "Storage container" means a container, rail car, nurse tank, or mobile container that is used for the storage of bulk fertilizer. "Storage container" does not include any of the following:

(i) A mobile container that stores bulk fertilizer at a storage facility for less than 30 consecutive days if the storage is incidental to the loading or unloading of a storage container at the storage facility.

(ii) A mobile container that is located on property other than property which is owned, operated, or controlled by an owner or operator of a storage facility for less than 30 consecutive days.

(iii) A rail car that stores bulk fertilizer at a storage facility for less than 30 consecutive days without reloading or unloading.

(iv) A container which is 2,500 gallons or less and which is used solely as emergency storage for leaking fertilizer containers.

(dd) "Storage facility" means a facility which is used to store or hold bulk fertilizer and which is owned, operated, controlled, or leased by a person who manufactures or distributes bulk fertilizer.

(ee) "Surface water" means a body of water that has its top surface exposed to the atmosphere and includes lakes, ponds, or water holes that cover an area of more than 0.25 acres and streams, rivers, or waterways that maintain a flow year-round. "Surface water" does not include waterways that have an intermittent flow.

(ff) "Washwater" means the liquid that is generated from rinsing the exterior surfaces of application, handling, storage, transportation, or nurse equipment.

"Washwater" does not include the liquid that is generated by cleaning a containment area under R 285.641.10(3).

Notes

Mich. Admin. Code R. 285.641.1

1998-2000 AACS