The 2008 upgrade deadline for above ground storage tank systems (ASTs) in Michigan is fast approaching.  Despite being on the books since 2003, the August 13, 2008 deadline will likely catch some folks by surprise and may result in unforeseen delays and expenditures to business and industry.

The storage and handling of flammable and combustible liquids (FL/CL) is regulated under the Michigan Fire Prevention Code (Act 207 of the Public Acts of 1941, as amended). With the August 2003 amendments, existing ASTs are required to have provisions in place for spill protection, overfill protection, and corrosion protection within five years.  The rules incorporate by reference several National Fire Protection Association (NFPA) standards, including NFPA 30 (FL/CL Code), NFPA 30A (Motor Fuel Dispensing), NFPA 31 (Oil Burning Equipment), and NFPA 37 (Combustion Engines/Gas Turbines), and some Michigan specific amendments. It is important that all these standards be reviewed when determining applicability and compliance with the upgrade requirements.

Flammable and combustible liquids are defined as having a flash point of 200° F or less. ASTs that store FL/CL with a capacity of 1,100 gallons or greater require plan review, certification, and payment of annual fees. However, the 2008 upgrades apply to all fixed tanks storing FL/CL regardless of their size. Therefore, these rule requirements will also apply to owners with smaller ASTs. 

The spill protection requirements address the transfer operations when filling ASTs. Essentially, provisions must be in place to allow for the containment and capture of any product that may be released when removing the transfer hose from the fill port.

The overfill protection requirements include the installation of 90 percent alarms and automatic shutoffs at 95 percent capacity along with having the liquid level in the tanks accessible to the delivery operator.   Double wall tanks are required to have both the 90 percent and 95 percent alarms and shut offs installed, while single walled tanks can met the requirements by having either an alarm or shutoff device installed.  In both cases, access to determine the liquid level of the tank is necessary.

The biggest challenge to industry will be meeting the corrosion protection requirements for existing ASTs, which are defined as systems installed prior to the 2003 amendments. The regulations presume that any system installed after 2003 is equipped with these upgrades. Corrosion protection measures will involve either establishing a corrosion rate through internal inspection, installing interstitial monitoring and cathodic protection systems, installing a second bottom to the tank, applying a corrosion resistant coating to the tank bottom, or raising the bottom of the tank to allow for visual inspection for leaks.  Any FL/CL ASTs that are installed within tank farms on grade will need to be inspected to determine if the upgrade requirements have been met.  If a tank bottom is installed on a concrete pedestal with a tank farm it is still considered “on-grade” per the regulations and will require some form of corrosion protection. 

If owners wish to continue operating their ASTs beyond the deadline, these upgrades should be evaluated quickly in order to determine the level of effort necessary to meet the upgrade requirements. The proposition of draining the product from an existing AST and accessing the tank to inspect the tank bottom, install a second floor, or raise the AST will require careful planning to avoid excessive down times and/or loss of production. Other options include formally closing the AST and reconstructing a new AST system or utilizing smaller portable containers for the storage of FL/CL. Owners who fail to meet the deadline requirements face the possibility of enforcement and/or “red-tagging” of the ASTs until installation of the upgrades has been completed. 

August Mack can provide support to AST owners through compliance evaluations, FL/CL code reviews, closure assistance for existing ASTs, or permitting and engineering support for new tank systems.