Section 096-600-2 - DefinitionsThe following terms as used in this Chapter have the following meanings:
A.100-year floodplain. "100-year floodplain" means the area which has a 1% or greater annual chance (1 in 100-year probability) of being inundated by a flood. 100-year floodplains are designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM) or Flood Hazard Boundary Maps, or determined by the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.B.24-hour storm. "24-hour storm" means a precipitation event with a specific probability of being equaled or exceeded during any twenty-four hour period during any given year, for example 4% (for a 25 year) or a 1% (for a 100 year).C.Abandoned. "Abandoned" means a facility that no longer has an active marine oil facility license but that did not go through a closure process pursuant to Section (12)(D).D.Aboveground oil storage tank. "Aboveground oil storage tank", also referred to as a "tank", means any stationary container, of which more than 90% is above the surface of the ground and that is used or intended to be used for the storage or supply of oil. Included in this definition are any tanks situated upon or above the surface of a floor in such a manner that they can be readily inspected. For the purpose of this Chapter, aboveground oil storage tanks do not include aboveground propane storage tanks.E.Adaptation. "Adaptation" means taking actions that reduce the harmful effects from natural hazards to people and the environment.F.Alter. "Alter" means any enlargement, upgrading, repair or removal of a storage tank system or any change in the configuration of any piping, tanks, or diking or the replacement of any tank. The term "alteration" has the same meaning.G.Approved. "Approved" means approved by the Commissioner or the Commissioner's designee in writing or orally with written confirmation as soon as practicable.H.Bulk. "Bulk" means material in any quantity that is shipped, stored, or handled without benefit of package, label, mark or count and carried in integral or fixed independent tanks.I.Bulk oil or oil as cargo. "Bulk oil" or oil as "cargo" means any oil not carried as fuel for bunkering or recovered incidental to oil spill response activities.J.Bunkering. "Bunkering" means the act of supplying oil to a ship for its own use as fuel.K.Cathodically protected. "Cathodically protected" means the use of a technique to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell. NOTE: For example, a tank system can be protected against corrosion through the application of either a galvanic or an impressed current cathodic protection system.
L.Cathodic protection assessment. "Cathodic protection assessment" means an analysis to determine the need for cathodic protection in order to protect a tank bottom from corrosion. This assessment must be based upon a corrosion survey that includes soil analysis and resistivity measurements, operating records, corrosion history, corrosion allowance, prior test results with similar tank systems in similar environments and current and future plans for the tank.M.Cathodic protection tester. "Cathodic protection tester" means a person certified as a Cathodic Protection Tester, Cathodic Protection Technician, Cathodic Protection Technologist, or Cathodic Protection Specialist by the National Association of Corrosion Engineers.N.Combustible liquid. "Combustible liquid" means a liquid which has a flash point at or above 100° F (37.8° C). Combustible liquids are subdivided as follows: (1) Class II liquids include those having flash points at or above 100° F (37.8° C) and below 140° F (60° C).(2) Class III A liquids include those having flash points at or above 140° F (60° C) and below 200° F (93° C).(3) Class III B liquids include those having flash points at or above 200° F (93° C).O.Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection.P.Critical infrastructure. "Critical infrastructure" means assets, systems, and networks, whether physical or virtual, that are so vital to the operation of a facility that the incapacity or destruction of such items would have a debilitating impact on the facility, public health, safety or the environment.Q.Department. "Department" means the Department of Environmental Protection composed of the Board of Environmental Protection and the Commissioner.R.Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, escaping, emptying, or dumping into or upon any coastal waters, estuaries, tidal flats, beaches or lands adjoining the seacoast of the State, or into or upon any lake, pond, river, stream, sewer, surface water drainage, ground water or other waters of the State or any public or private water supply or onto lands adjacent to, on, or over such waters of the State.S.Disrepair. "Disrepair" means when the condition of a facility does not meet the requirements for operating a facility and is in poor condition as evidenced by corroded and pitted tanks, piping, and other structures; lack of maintenance of facilities and containment structures, lack of access control, or other signs of significant neglect.T.Emergent vegetation. "Emergent vegetation" means erect, rooted and herbaceous plants growing in saturated or permanently flooded areas, and that do not tolerate prolonged inundation of the entire plant.U.Existing aboveground oil storage tank. "Existing aboveground oil storage tank" means an aboveground oil storage tank that was constructed before the effective date of this Chapter.V.Existing oil terminal facility. "Existing oil terminal facility" means a facility that held a valid oil terminal facility license on the effective date of this Chapter.W.Existing oil and chemical handling areas." Existing oil and chemical handling areas" are the areas inside the existing footprint of a facility. The existing footprint includes the developed areas of the facility such as the dike, tank, piping, loading and unloading areas.X.Facility. "Facility" or "Oil Terminal Facility" means any facility of any kind and related appurtenances, located in, on or under the surface of any land or water, including submerged lands, that is used or capable of being used for the purpose of transferring, processing or refining oil, or for the purpose of storing the same, but does not include any facility used or capable of being used to store no more than 1,500 barrels (63,000 gallons), nor any facility not engaged in the transfer of oil to or from waters of the State. A vessel is considered an oil terminal facility only in the event of a ship-to-ship transfer of oil including, but not limited to, lightering activities, but only that vessel going to or coming from the place of ship-to-ship transfer and a permanent or fixed oil terminal facility. The term does not include vessels engaged in oil spill response activities or bunkering operations.Y.Facility closure. "Facility closure" means closure of a facility in a manner prescribed by Section (12)(D) of this Chapter and 38 M.R.S §542(4-B) including remediating sediment, soils, ground waters, and surface waters such that the facility site, as determined by the Department, is suitable for residential use or meets the most protective use standards practicable for the facility site.Z.Flammable liquid. A "flammable liquid" is a liquid having a flash point below 100° F (37.8° C) and having a vapor pressure not exceeding 40 lbs. per sq. inch (absolute) (2,068 mm Hg) at 100° F (37.8° C). Flammable (Class I) liquids are subdivided as follows:(1) Class IA liquids include those having flash points below 73° F (22.8° C) and having a boiling point below 100° F (37.8° C).(2) Class IB liquids include those having flash points below 73° F (22.8° C) and having a boiling point at or above 100° F (37.8° C).(3) Class IC liquids include those having flash points at or above 73° F (22.8° C) and below 100° F (37.8° C).AA.Flooding. "Flooding" means a temporary inundation of normally dry land as a result of: (1) The overflow of inland or tidal waters, or(2) The unusual and rapid accumulation or runoff of surface waters from any source. NOTE: Types of events that can cause flooding include but are not limited to: high volume rain events, ice jams, rapid snowmelts or runoff, high tide, storm surge, tsunami, dam failure or breach, and onsite development design failure.
BB.Ground water rise. "Ground water rise" means when the water table in rock and soil increases in elevation.CC.Handling. "Handling" means the storing, transferring, collecting, separating, salvaging, processing, reducing, recovering, incinerating, treating, disposing, or transporting of oil.DD.Highest astronomical tide. "Highest astronomical tide" means the elevation of the highest predicted astronomical tide for a specific tide station over the National Tidal Datum Epoch, or NTDE. NOTE: The NTDE is a specific 19-year period adopted by the National Ocean Service as the official time segment over which tide observations are taken. This range of time is used to obtain mean values, such as mean low water level. It is necessary for standardization because of variations in tides from year to year. If you have general questions about the National Tidal Datum Epoch, email tide.predictions@noaa.gov.
EE.Internal tank bottom liner. "Internal tank bottom liner" means an internal, bonded barrier on the top side of a tank's internal steel floor as described in American Petroleum Institute (API) 652, Recommended Practice, Lining of Aboveground Storage Tank Bottoms.FF.Intrastate pipeline. "Intrastate pipeline" means a pipeline or that part of a pipeline that is used in the transportation of oil used in commerce within the State.GG. Lightering. "Lightering" means to transfer oil cargo between vessels of different sizes, such as a barge and an oil tanker, to reduce the larger vessel's draft in order to enter port facilities.HH.Monitoring well. "Monitoring well" means a dug or drilled, cased well or other device used to detect oil in ground water that can be used for detecting the presence of at least one-eighth of an inch of oil.II.Natural hazard. "Natural hazard" means any natural phenomenon that exposes an area or person to risk of property damage, loss of life, or environmental degradation. In Maine, coastal and inland natural hazards may include, but are not limited to, severe summer and winter weather events, ice jams, erosion, mass wasting, drought, wildfires, flooding, and ground water rise.JJ.New oil terminal facility. "New oil terminal facility" means an oil terminal facility whose application for a license is received after the effective date of this Chapter.KK.New aboveground oil storage tank. "New aboveground oil storage tank" means an aboveground oil storage tank permitted for construction after the effective date of this Chapter.LL.Oil. "Oil" means oil, petroleum products and their by-products of any kind and in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other wastes, liquid asphalt, bunker fuel, crude oils, oil additives, and all other liquid hydrocarbons regardless of specific gravity. Oil does not include liquid natural gas.MM.Oil/water separator. "Oil/water separator" means a device used to separate and remove oil and oily wastes from oil and water mixtures.NN.Owner or operator. "Owner or operator" means any person owning or operating an oil terminal facility or pipeline, whether by lease, contract or any other form of agreement or a person in control of, or having responsibility for, the daily operation of an oil storage facility.OO.Owner. "Owner" means the person who alone or in conjunction with others owns an oil terminal facility.PP.Person. "Person" means any natural person, firm, association, partnership, corporation, trust, the State of Maine and any agency thereof, governmental entity, quasi-governmental entity, the United States of America and any agency thereof and any other legal entity.QQ.Pipeline. "Pipeline" means any part of an intrastate oil line including line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein.RR. Piping. "Piping" means the piping and accessories within a facility used for the conveyance of oil between tanks or between tanks and loading and unloading points.SS.Piping run. A "piping run" means the piping between any of the following items: bolted flange, valve, or pump.TT.Piping tightness test. "Piping tightness test" means a method to test the integrity of piping systems. The integrity of piping systems must be assured by one or more of the following: pressure testing, volumetric testing or internal inspection devices designed to verify the structural integrity of the pipe by measuring pipe wall thickness and indicating geometric irregularities.UU.Primary containment. "Primary containment" means a device, tank or container that is designed to be in direct contact with and to enclose a material or waste so as to reduce the risk of release.VV.Private drinking water supply. "Private drinking water supply" means any dug, drilled or other type of well or spring or other source of water used for human or livestock consumption that is not a public water supply.WW.Public drinking water supply. "Public drinking water supply" has the same meaning as "public water system" in Water for Human Consumption,22 M.R.S. §2601(8).XX.Reconstructed tank. "Reconstructed tank" means any tank that has been dismantled, relocated to a new location and reassembled.YY.Related appurtenances. "Related appurtenances" means all structures related to the operation of an oil terminal facility including but not limited to pumps, valves, piping, loading racks and secondary containment. The term does not include day tanks that are not connected to pipelines, racks, or storage tanks which receive oil from marine transport vessels. For example, tanks supplying start-up fuel for electrical generation that are not connected to the marine oil terminal portions of the facility through pipelines or other means of oil transfer, and that are in no way related to the function of the oil terminal facility, are not considered "related appurtenances".ZZ.Release prevention barrier (RPB). "Release prevention barrier" or "RPB" means a steel tank bottom, or any synthetic materials, clay liners and all other barriers or combination of barriers placed in the bottom of or under an aboveground storage tank that have these functions:(1) Preventing the escape of oil, and(2) Containing or channeling released material for leak detection. Any RPB must be installed in accordance with API Standard 650, Welded Steel Tanks for Oil Storage.
AAA.Resilience. "Resilience" meansthe ability of a community, business, or the natural environment to prepare for, withstand, respond to, and recover from a hazardous event.BBB.Sea level rise. "Sea level rise" means the increase in sea level, both globally and locally, primarily due to thermal expansion resulting from warming of the ocean, and increased melting of land based ice, such as glaciers and ice sheets. CCC.Secondary containment. "Secondary containment" means a system installed so that any material that is discharged or has discharged from the primary containment is prevented from reaching the soil or ground water outside the system for the anticipated period necessary to detect and recover the discharged material. Such a system may include, but is not limited to, impervious liners, double-walled tanks and piping, or any other method approved by the Commissioner that is technically feasible and effective, and that meets the requirements of this Chapter.DDD.Significant ground water aquifer. "Significant ground water aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel or fractured bedrock, as identified by the current Maine Geological Survey maps, that contains significant recoverable quantities of water which is likely to provide drinking water supplies. NOTE: Sand and Gravel Aquifer Maps are available from the Maine Geological Survey, Department of Agriculture, Conservation and Forestry, State House Station #22, Augusta, Maine 04333.
EEE.Storm surge. "Storm surge" means an abnormal rise of water level generated by a storm, measured as the height of the water above the normal predicted astronomical tide.FFF.Tank barge. "Tank barge" means any tank vessel on departure from or approach to oil terminal facilities or refineries, not equipped with a means of self propulsion.GGG.Tank vessel. "Tank vessel" means any vessel on departure from or approach to oil terminal facilities or refineries, that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue. For the purpose of this Chapter, tank vessel does not include any vessel engaged in oil spill response activities, including response-related training.HHH.Temporarily out of service. "Temporarily out of service" means a facility or portion thereof which has been out of use for 12 months or more and which meets the requirements of Section (12)(B). Facilities or tanks which are used for seasonal storage, for surcharge storage, or for standby storage, are not considered out of service.III.Transfer. "Transfer" means both on-loading and off-loading between an oil terminal facility and a vessel, a vessel and another vessel, or an oil terminal facility and a vehicle.JJJ.Transport. "Transport" means to convey oil in or on a vehicle or vessel, exclusive of the fuel carried for use in the vehicle. Transport also means to convey oil via a pipeline.KKK. Transportation pipeline. "Transportation pipeline" means the continuous piping systems used for the intrastate conveyance of oil outside of the boundaries of an oil terminal.LLL.Vehicle. "Vehicle" means a tank truck, tank car, stake truck, trailer, semi-trailer, tractor or other conveyance and appurtenances thereto designed for or capable of transporting oil, other than fuel used in the operation of that vehicle.MMM.Vessel. "Vessel" means every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self propelled or otherwise, including, but not limited to, barges and tugs, other than a public vessel.NNN.Waters of the State. "Waters of the State" means, for the purposes of this rule, any and all surface and subsurface waters that are contained within, flow through, or under or border upon this State or any portion of the State, including, but not limited to, marginal and high seas, coastal waters, estuaries, tidal flats, beaches, lake, pond, river, stream, sewer, surface water drainage, ground water and any public or private water supply, and those portions of the Atlantic Ocean within the jurisdiction of the State. NOTE: The following acronyms and abbreviations are used in this Chapter:
(1) ANSI. American National Standards Institute(2) API. American Petroleum Institute(3) ASME. American Society of Mechanical Engineers(4) ASTM. American Society of Testing and Materials(5) CFR. Code of Federal Regulations(6) GI. Geosynthetic Institute(7) M.R.S. Maine Revised Statutes(8) NACE. National Association of Corrosion Engineers(9) NFPA. National Fire Protection Association(10) NSF. National Sanitation Foundation(11) PEI. Petroleum Equipment Institute(12) POTW. Publicly Owned Treatment Works(13) SSPC. Society for Protective Coatings(14) STI. Steel Tank Institute(15) UL. Underwriters Laboratories(16) OPA 90. Oil Pollution Act of 1990, Public Law 101-380, §4202 06- 096 C.M.R. ch. 600, § 2