The Remediation Division (RD), within the Michigan Department of Environmental Quality (MDEQ), has the responsibility of regulating the installation of new Aboveground Storage Tank (AST) systems containing petroleum and other substances with a flash point less than 200 degrees Fahrenheit. The WHMD also maintains the certification of new ASTs and existing ASTs containing a liquid with a flash point less than 200 degrees Fahrenheit.

New!  Applications for these tasks are submitted and paid for online through the Michigan Business One Stop portal.

A. NAME OF PERMIT OR APPROVAL:

The owner/operator plan review/certification of certain petroleum and hazardous substance ASTs containing a liquid with a flash point less than 200 degrees Fahrenheit

The owner/operator update change of information for Aboveground Storage Tanks

B. STATUTORY AUTHORITY:

Part 29.5c, Fire Prevention Code, Public Act 207 of 1941, as amended

Executive Reorganization Order No. 2 of 1997

Executive Reorganization Order No. 2 of 1998

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, WHMD

Storage and Handling of Flammable and Combustible Liquids (R29.5101 - 29.5516)

D. MICHIGAN BUSINESS ONE STOP:

The Michigan Business One Stop (One Stop) www.michigan.gov/business is a tool designed to allow businesses to interact with the State of Michigan. The tool offers:

• a set of screening questions based upon your business sector to identify permits, licenses and registrations that may be required to do business in Michigan.
• an option to pay fees online. For many programs, you can pay your business license fee in One Stop through use of an online form and shopping cart.
• many online permit applications and renewals. When starting a new business and registering in One Stop, you will need to identify a business sector (also known as a NAICS Code). You can find your code at www.naics.com, select "Code Search."  After entering this code in One Stop and answering some screening questions, links to relevant permit applications will automatically be available in your newly created workspace. One benefit of accessing applications through One Stop is that you will receive status messages throughout the application process.

Using the One Stop provides many benefits to businesses in Michigan. By conducting your business through One Stop you can organize your State of Michigan transactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Center at 877-766-1779; they are open from 7 am to 6 pm. One Stop is a valuable tool that offers many benefits to business. We hope you give it a try.

E. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Aboveground Storage Tank 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 regulated liquids, with a flash point less than 200 degrees Fahrenheit and which has less than 10 percent of its volume, including the volume of underground pipes that are connected to the tank, or tanks, beneath the surface of the ground.

 2.  Pre-Application Requirements

The applicant is required to submit a completed Application for Installation of an Aboveground Storage Tank Form #3859, a check for $203 per tank to be reviewed, along with a site plan and installation information for review and approval by the WHMD.

The owner/operator is required to report any tank or owner information changes to the WHMD on an Aboveground Storage Tank Change of Information Form #3858 within 30 days of the change.

 3.  Application Submission Requirements

All data and information requested on the Application of Installation of an Aboveground Storage Tank Form(s).

New AST Installations:

• A plot plan providing the relevant information such as location of buildings and public roadway, property lines, railroads, power lines, storm and sanitary sewers, manholes, churches, schools, hospitals, places of public assemblage of 50 or more people, and mineshafts within 300 feet of the AST.

• A diagram of the proposed AST system, the materials of construction, tank, piping, flow control devices, the capacity and dimensions of the tank, the regulated substance which will be stored, shear valve, breakaway device, dispenser, nozzle, spill protection, secondary tank containment, tank valves, vents, corrosion protection, pumps, and crash protection.

• The location of any single-family drinking water wells within 50 feet, Type IIb and Type III nonpublic drinking water wells within 75 feet, and Type I community and Type Ia non-community drinking water wells within 200 feet of the storage system.

• The location of any AST system when they are located within a critical assessment zone.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

New AST Installations:

• Applicant submits to the WHMD central office a completed Application for Installation of an Aboveground Storage Tank Form (EQP 3859), a fee of $203 for each tank to be plan reviewed, and provides the additional information required for new AST installation plans.
• Storage Tank Unit staff will review new installation plans submitted and issue a plan review report within 30 days from receipt of the submittal. A copy of the plan review report is transmitted with the approved plans to the applicant and appropriate field office for their review in preparation for the field inspection.
• Upon receipt of the plan review report, the applicant will notify the field inspector who will schedule a pre-tank installation inspection and a final inspection. Pursuant to the final inspection, the inspector will certify the new AST system if it is in compliance with the FL/CL Rules.

Existing AST Installations:

• Applicant must follow the same steps as outlined in the Procedure for Obtaining a Permit or Approval for a new AST system

 5.  Operational Requirements

A single walled system must maintain inventory control records or monthly inspection reports to verify that there is no leakage from the tank. If the facility has a double walled system then they are required to have interstitial monitoring to verify that they don't have a leak. Records must be maintained in a readily available location for the purposes of inspection by a state inspector. If the facility has a corrosion protection system, then it must be monitored to verify that it is working correctly. Related to releases, releases of more than 55 gallons must be reported within 24 hours the Pollution Emergency Alerting System; within 10 days after the release a written report must be filed with the MDEQ. The report shall include the cause of the release, how it was discovered, response measures taken and a schedule for completion of corrective action. The facility must comply with the FL/CL Rules.

 6.  Fees

The annual certificate fee is $61.50 per tank.

 7.  Appeal Process

If a person wishes to appeal the denial of a variance request under these rules, then they must complete and forward a petition for contested case hearings within 60 days of the receipt of the denial. The Administrative Law Judge in the State Office of Administrative Hearings and Rules makes a Recommendation for Decision for consideration by the Director of MDEQ.

 8.  Public Input Opportunities

The decision makers in the approval process are the Review Engineers in the Storage Tank Unit of WHMD. Complaints or comments related to a facility may be filed with the MDEQ at any time. The complaints are investigated and if they were validated through a finding of a violation then this would be considered in the decision-making process for approval. A list of all registered underground storage tank systems can be found online in the Storage Tank Program web page.

F. ADMINISTERING AGENCY:

Waste and Hazardous Materials Division, Storage Tank and Solid Waste Section, Michigan Department of Environmental Quality, P.O. Box 30157, Lansing, Michigan 48909-7657

• Program Phone: 517-335-7211

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3311_4115_4237---,00.html

• Environmental Assistance Center: 1-800-662-9278, e-mail: deq-ead-env-assist@michigan.gov

 

Creation/Revision Date:

October 2010