LARA/BFS, the agency that will inspect Michigan UST sites to determine compliance action, has issued the following guidance. All sites with USTs must provide a Revised Registration Form naming UST Class A and B Operators even though the April 15 deadline has passed.
Enforcement of the Class A, B, and C owner/operator (O/O) certification requirements began April 15, 2013. At initial (existing) inspection, inspectors will cite any violation and give a timeline (normally 30 days) for compliance. Upon re-inspection, if the O/O has not complied with the Class A, B, and C certification requirements and no attempt to achieve certification has been taken, the facility (tanks) may be red-tagged. As with any enforcement, objective circumstances will arise where red-tagging may not be the obvious option. These instances will be addressed on a case-by-case basis.
An agreement was made with the Michigan Manufacturers Association (MMA) on compliance with the Class C requirements at private facilities that have numerous employees as well as out-of-state employees. A Restricted Access Fueling Facility is defined as a fueling facility that is not accessible to the general public and which is not staffed on a regular basis. The term “fueling facility” refers to those portions of an owner/operator’s owned or leased property that are used to dispense fuel into vehicles from underground storage tanks (USTs). It does not include portions of the property where others may be present routinely, but are not directly involved with the dispensing of fuel.
Restricted Access Fueling Facilities include, but are not limited to:
- A facility or portion thereof with a dispensing operation, which may or may not be surrounded by a security fence, where in order to dispense fuel, an employee, contractor, or lessee of the owner/operator needs a physical key or electronic key card to unlock and access the dispensing equipment .
- A facility or portion thereof with a dispensing operation surrounded by a security fence that controls and allows access to dispensers only to employees, contractors, lessees, or those otherwise provided access by the owner/operator.
These restricted access fueling facilities shall be considered in compliance with Michigan Underground Storage Tank Rules (MUSTR) Rule 29.2108.(d) if the following are met:
- An owner/operator shall be able to demonstrate, with documentation, that the owner/operator has an active program to provide its employees with Class “C” operator training or equivalent, one time, administered by the owner/operator or other trained professional, at any of the following opportunities.
- At the time of employment.
- When the employee is authorized to use the fueling facility.
- As a part of annual safety training or orientation program.
- Owner/operators allowing contractors, non-Michigan-based employees from other jurisdictions, or lessee employees to use the restricted access fueling facility shall be able to demonstrate to the department that, to the best of their knowledge, persons using the facility have had Class “C” operator training or equivalent.
Owner/operators complying with subsection (1) and/or (2) are not required to provide individual documentation of Class “C” operator training, or equivalent, for each employee, contractor, non-Michigan-based employee from another jurisdiction, or lessee employee who may use the restricted access fueling facility.
NOTE: The owner/operator of a restricted use fueling facility is encouraged to display a sign, clearly visible from the normal fuel dispensing area, that provides information on the location of the emergency shut-off switch and appropriate emergency response procedures.
Frequently Asked: Question & Answer
Legal Designee (what proof is required)
A signed contract is required as proof that the A and/or B is covering that site.
Designated Operator A or B (can third parties provide this service)
Third party consultants can be the Class A and/or B for sites.
Signing of forms (3821) (can the A or B sign the 3821)
The Class A and/or B can sign the BFS 3821 after they have a signed contract with the owner.
Correcting information on 3821 (can the A or B correct info on the 3821)
The Class A and/or B can change info on the BFS 3821 after they have a signed contract with the owner.
Personnel “filling in” (who can do inspections listed under the B)
Only a certified Class B can perform the inspections listed under the B duties, and only the certified Class B listed on the BFS 3821 can sign the quarterly inspection reports.
B Operator responsibilities by “other than B”
Only a certified Class B can perform the inspections listed under the B duties, and only the certified Class B listed on the BFS 3821 can sign the quarterly inspection reports.
Listing facilities (must A or B provide a list of sites they are signed up for)
A list of facilities is not required. A list may be provided to the HMSI, but we do not want them in Lansing.
Proving C Operator training (documentation to prove C is trained)
There must be some form of written documentation indicating the Class C was trained, by whom, on what date, and what was covered.
Who trains C Operator (who can provide training for the C)
The Class A and/or B can train the Class C, or any other approved method that incorporates the Class C responsibilities as listed in MUSTR can be used as well, like an online training course.
Overfill prevention verification (Will we require the removal of overfill valves, alarms, and ball floats as part of the quarterly inspection)
Class B inspector is not expected to remove equipment at each quarterly inspection and have it tested to verify its functionality. If they can run a test through the console for the alarm, they can visually inspect the ball float and make sure it’s still there, make sure there are no foreign objects keeping the flapper valve from working properly. A maintenance report indicating the equipment was pulled within the last 12 months and checked will be acceptable. If they cannot do these things, then removal and verification of the working condition of the equipment will be required at least once per year, per manufacturers’ recommendations.
Testing/functionality of leak detection equipment by the Class B (will we require the removal of the probes, sensors etc. as part of the inspections)
Class B inspector is not expected to remove equipment at each quarterly inspection and have it tested to verify its functionality. If they can run a test through the console for the probes, sensors, or leak detectors to see if they are in alarm or not, or if they have a maintenance report indicating the equipment was pulled within the last 12 months and checked, this will be acceptable. If they cannot do these things, then the removal and verification of the working condition of the equipment will be required at least once a year, per manufacturers’ recommendations.
Inspections at facilities not open year round
These sites will require the inspections just like all other regulated systems.
Testing/functionality of corrosion protection equipment by the Class B (will we require the B to actually do CP testing as part of the inspections)
The Class B will need to verify that the corrosion protection equipment has been checked as required by MUSTR. For a sacrificial anode system, they need to verify the last (2) 3-year tests have been performed and passed. The same is required for an impressed current system. In addition for an impressed current system, they will need to check the rectifier to make sure it is operational and that the required 60 day readings are being done and recorded.
