Michigan’s Part 5 Administrative Rules (Spillage of Oil and Polluting Materials) are intended to address release prevention planning, secondary containment, inspection requirements, and release reporting requirements at certain facilities that have oil and/or other “polluting materials” (salt and approximately 900 other chemicals listed in the Part 5 rules) in excess of designated threshold management quantities (TMQ).  If any of the following thresholds are met, a location is considered to be a facility subject to Part 5 (specific exemptions may apply):

  • Oil Storage Facility
    • 1,320 aggregate gallons capacity in above-ground containers, or
    • 660 gallons capacity in a single container
  • On Land Facility
    • 5 tons of solid salt, or
    • 1,000 gallons of liquid salt or
    • 440 lbs. of a listed polluting material (outdoors), or
    • 2,200 lbs. of a listed polluting material (indoors).

If the Part 5 rules apply to your facility, you must prepare a PIPP and maintain it on-site.  Notification of PIPP completion and certification must be sent to the Michigan Department of Environmental Quality (MDEQ), and notification of the existence of the PIPP must be sent to the local emergency planning committee (LEPC) and local health department.  The PIPP must be re-evaluated every three (3) years and whenever a reportable release occurs.

Should you have any questions about the applicability of the Part 5 rules to your operations, give us a call.

Attorney to Contact:

Links of Interest:

MDEQ Part 5 Rules

MDEQ Guidance on Part 5 Release Reporting

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