|REORGANIZATION: The underground storage tank program and the aboveground storage tank program, along with the associated staff, are being transferred from the Department of Environmental Quality (DEQ) to the Department of Licensing and Regulatory Affairs (LARA), effective December 2, 2012. For details see Executive Order 3012-14. |
This program includes regulatory activities and oversight of the design, construction, installation and maintenance of underground storage tanks storing regulated substances. The regulatory authority is under Part 211, Underground Storage Tank Regulations, of Act 451 of 1994, as amended, and the Michigan Underground Storage Tank Rules (MUSTR). In addition to MUSTR, new tanks and piping shall comply with the Storage and Handling of Flammable and Combustible Liquids (FL/CL) Rules.
Plan Review Requirements: Owners/operators must submit a notice of proposed installation of USTs, which provides facility and UST details. Currently the Remediation and Redevelopment Division (RRD) in the DEQ has 30 days, from date of receipt, to issue a review report on the proposed installation. When the transfer of this program is effective, this responsibility will be with the Bureau of Fire Services (BFS), in LARA. The regulations do not require state approval of plans, but do require that the plans be certified. The regulations provide that the state may certify the plans or that the owner/operator may have the plans certified via a registered engineer filing an affidavit of compliance with those regulations. If the state inspection finds the system not in compliance with the rules upon inspection, the installation can be disapproved and the owner/operator may be required to make the necessary corrections.
Registration Requirements: Owners/operators of regulated USTs have to register each UST by submitting a registration form to the RRD (BFS after December 2) with an annual fee of $100 per UST. Owners/operators (O/Os) of petroleum underground storage tanks (USTs) are required to provide Financial Responsibility (FR) for taking corrective action and for compensating third parties for bodily injury and property damage arising from a release by petroleum USTs. Suspected and confirmed releases from regulated USTs must be reported currently to the RRD, but to the BFS once the program is transferred to LARA.