C.M.R. 06, 096, ch. 691, app 096-691-L
1. Applicability
A. The requirements of this appendix apply to underground oil storage tank processing facilities where tanks used for the storage of oil and abandoned by removal are cleaned, temporarily stored and processed prior to recycling or re-use of their materials.
B. For the purpose of this appendix, the cleaning operation of a tank processing facility includes those areas and activities where vapors, liquids, solids, sludge, rust, scale and other residues are removed and cleaned from an abandoned underground oil storage tank, including buffers, structures, roads and equipment.
C. For the purpose of this appendix, the processing operation of a tank processing facility includes those areas and activities where cleaned tanks are cut, crushed, reduced in volume or otherwise modified prior to sale or re-use of their materials.
2. Siting. Underground oil storage tank processing facilities may not be located:
A. On a coastal sand dune system, as defined in the Natural Resources Protection Act,38 M.R.S. §480-B(1);
B. On coastal wetlands as defined in 38 M.R.S. §480-B(2);
C. On freshwater wetlands, as defined in 38 M.R.S. §480-B(4);
D. On a one hundred year flood plain, as defined in the Solid Waste Management Rules: General Provisions, 06-096 C.M.R. ch. 400 of the Department's rules;
NOTE: In most areas of Maine, the flood plains have been mapped by the Federal Emergency Management Agency (FEMA). Maps are available at most municipal offices.
E. Within a public water system's source water protection area as mapped by the Maine Bureau of Health, or a sensitive geological area as defined in section 3 (EEE) of this Chapter;
F. Within 300 feet of bodies of surface water classified as Class GPA waters in the Water Classification Program, 38 M.R.S. §465-A or classified as Class AA waters, Class A waters, Class B waters, or Class C waters in 38 M.R.S. §465; or
G. Within 100 feet of an adjacent property boundary.
NOTE: If the area of a facility, including all operations, temporary storage areas, structures, roads and buffers, exceeds 3 acres, the owner also must obtain approval under the Site Location of Development Law, 38 M.R.S. §§481 - 489 -E, and the Maine Hazardous Waste Septage and Solid Waste Management Act, 38 M.R.S. §§ 1301 - 1319 -Y.
3. Design
A. The entire facility must be surrounded by a fence or otherwise secured to the Commissioner's satisfaction to prevent unauthorized access to the tanks. Signs stating "Caution - Flammable Materials", "No Smoking" and "No Entry of Unauthorized Personnel" must be placed along the fence at intervals no greater than 50 feet.
B. A 25-foot fire protection buffer must be cleared of combustible materials on all sides of the facility. This buffer must be maintained at all times free of all structures, equipment, cleaned tanks and other facility activities. Overhanging branches and vegetation must be cut back to distances safe from fire and explosion. The fire buffer may lie outside the fenced portion of the facility.
NOTE: Graveling the area and removing the vegetation are examples of means that would normally achieve this purpose.
C. The facility must be equipped with fire protection equipment of the size, quantity, type and location directed by local fire officials or by the Commissioner. Equipment must be kept operable at all times.
D. The facility must be equipped with a means of communication (such as a telephone or two-way radio) with fire and medical emergency personnel.
E. A contingency plan meeting the requirements of Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities,40 C.F.R. § 264.52 as amended up to July 1, 2017 must be developed to provide for prompt response to fire and explosion hazards, and for containment and removal of any spilled material. A copy of the contingency plan must be sent to the Commissioner and to local public safety officials. A copy must be kept at the facility at all times.
F. Cleaning Operations Design
(1) Any area underlying a cleaning operation must be surrounded by a berm of sufficient height to contain all residues, cleaners and precipitation that may be contaminated by these substances. This area and berm must be underlain by a clay or synthetic liner, which in turn must be completely covered by a firm, continuous working surface (such as concrete) that is compatible with hydrocarbons. The area must be equipped with a collection system which contains for removal of all solid and liquid tank residues, cleaners, and all precipitation that may be contaminated by these substances.
(2) A clay liner must be at least two feet thick and must have a permeability no greater than 10-7 cm/sec. A synthetic liner must be at least 40 mils thick and must be of a material compatible with all residual tank contents and cleaners. It must be installed in accordance with the manufacturer's specifications. An independent professional engineer or authorized liner manufacturer's representative shall observe the entire installation and testing, and shall certify to the Department that the installation, testing and repairs occurred in accordance with the manufacturer's specifications. Either a clay or synthetic liner must extend at least 10 feet in all directions beyond all tanks requiring containment, and must be anchored to the berm in a secure fashion.
(3) The collection sump, tanks, and all equipment must be of adequate size to contain the volumes of tank residues, cleaners, and any contaminated precipitation that will be generated. They must be constructed of materials compatible with the wastes generated.
(4) A tank is deemed clean when:
(a) all loose scale has been removed from the inside of tank walls;
(b) all solid and liquid residues have been removed from tanks walls; and
(c) the tank has been ventilated by air, steam, or some other means so that its atmosphere does not exceed 10 percent of the Lower Explosive Limit (LEL).
G. Processing Operations Design
(1) Processing operations areas must be physically isolated from the cleaning operations area such that no flammable or explosive hazards exist in the processing areas due to cleaning operations.
(2) Processing operations areas need not be lined, but must be maintained in a manner so that processing debris (e.g. cuttings, etc.) can be collected and removed.
H. Temporary Storage Area Design
(1) Tanks at a processing facility may be temporarily stored on site for less than 12 months, provided the following conditions are met:
(a) All tanks must be stored in a "chocked" condition to prevent rolling, and must have the top openings (manufactured openings or bungs) open and located at a 45 degree angle from the ground to prevent rainfall from entering and to facilitate venting. Any corrosion or non-manufactured holes must be plugged.
(b) A 3-foot separation must be maintained between all tanks to allow weekly inspection for leakage and cleanup of spills. Any tanks found to be leaking must be immediately cleaned in accordance with this Chapter.
(c) Any discharge of oil to soil or ground water in any unlined portion of the facility must be immediately reported and removed to Department satisfaction.
(2) Under no circumstances must a tank be stored or remain at a facility for a period exceeding 1 year from the date of the tanks arrival at the facility.
4. Operation
A. All tanks arriving at a processing facility must be brought immediately into a secured area and inspected. The inspector shall note tank condition (severe corrosion, splits, number and size of holes) and evidence of leaks such as product on outside tank surfaces, or adhering contaminated soil. This information must be recorded in a facility log book.
B. Following inspection, all tanks must be marked conspicuously and permanently with a serial number assigned by the facility, date of receipt and product last stored, if known.
C. Any tanks containing liquids must be pumped dry immediately following inspection. Any pumping or removal of liquids must be conducted in a lined portion of the facility. Any liquid-free tanks may then be brought to a temporary storage area provided they are stored in accordance with Appendix L (11)(H).
D. Solid and liquid residues from tank cleaning or processing will be disposed of in compliance with appropriate federal, state and local laws, regulations and ordinances. All residues are presumed to be hazardous waste, requiring disposal under the provisions of the Department'sHazardous Waste Management Rules, 06-096 C.M.R. ch. 850-857, unless testing or other information establishes, in accordance with 06-096 C.M.R. ch. 850, that they are not.
NOTE: Sludge and solid wastes found to be non-hazardous are special wastes subject to the requirements of the Department's rules,Water Quality Monitoring, Leachate Monitoring and Waste Characteristics 06-096 C.M.R. ch. 405. Liquid petroleum wastes found to be nonhazardous are waste oils subject to the requirements of 06-096 C.M.R. ch. 860 of Department's rules.
E. After tank identification, cleaned tanks must be brought to the processing operation area unless stored in accordance with paragraph 3(H) of this appendix. Tanks not cleaned upon arrival must be taken to a cleaning operations area, unless stored in accordance with paragraph 3(H)of this appendix.
F. The facility must maintain a log book at the facility at all times. It must be kept current and made available to Department inspectors upon request. The log book must contain the following information for each tank:
(1) facility-assigned serial number;
(2) location from which tank was removed;
(3) tank size;
(4) contents when last in use;
(5) tank condition upon arrival (e.g. sound, badly corroded, number of holes);
(6) date cleaned;
(7) date processed; and
(8) final disposition (sold whole, cut up, crushed).
In addition the log book must include information on types and volumes of all residues generated, how they were disposed of, and when. All records must be kept for at least three years.
G. Ground water monitoring must be conducted at the facility. A ground water monitoring plan, developed and certified by a Maine certified geologist, must be submitted to the Commissioner with the facility application. The plan must provide for a minimum of one upgradient and three down-gradient wells, located and screened to detect releases of hydrocarbons as early as practicable.
C.M.R. 06, 096, ch. 691, app 096-691-L