06- 096 C.M.R. ch. 691, § 11

Current through 2024-51, December 18, 2024

Section 096-691-11 - Regulations for closure of underground oil storage facilities

A.Facility closure requirements

(1) The owner or operator of an underground oil storage facility or tank that has been or is intended to be out of service for a period of more than 12 months must close the facility or tank in accordance with this section unless the tank owner has received written permission from the Commissioner to remain temporarily out of service in accordance with the requirements of subsection B below. Closure must include:

(a) Proper abandonment of tanks, piping and other facility components;

(b) Emptying and cleaning tanks of all liquids and accumulated sludge;

(c) Storage or disposal of removed tanks in accordance with this section;

(d) Completion of a site assessment in accordance with the requirements of Appendix P for all types of facilities or a portion thereof, except on-site consumptive use heating oil facilities (other than heavy oil facilities), and farm and residential motor fuel tanks of 1,100 gallons or less capacity and where the product is used only by the tank owner or operator; and

(e) Cleanup of discharges and leaks to the satisfaction of the Commissioner in accordance with section 12.

NOTE: A site assessment and site assessment report are required as part of facility or tank closure for heavy oil tanks but not for #2, kerosene and other heating oils when stored and consumed on the same premises. Only heating oils heated during storage meet the definition of heavy oil in this Chapter.

(2) When ownership of the facility or tank is unknown, the current landowner is responsible for facility closure.

NOTE: Maine law (see 38 M.R.S. §563-A ) requires closure of nonconforming tanks in accordance with this Chapter no later than October 1, 1998.

B.Temporarily out of service facilities and tanks

(1) When a facility has been, or is intended to be temporarily out of service for a period exceeding 3 months and not exceeding 12 consecutive months, the owner or operator shall:

(a) Continue operation and maintenance of the corrosion protection system in accordance with the applicable requirements of this Chapter;

(b) Continue leak detection in accordance with the applicable requirements of this Chapter, unless all liquids including product and water are emptied from the tank with no more than one (1) inch of residual left;

(c) Leave vent lines open and functioning;

(d) Cap and secure all other lines, pumps, man-ways and ancillary equipment;

(e) Submit an annual compliance inspection report in accordance with section 5(D)(17) of this Chapter and 38 M.R.S. §563(9);

(f) Report and investigate evidence of a possible leak or discharge in accordance with section 12; and

(g) Perform a site assessment in accordance with section 12(B)(1)(c) prior to the tank owner requesting an extension to remain temporarily out of service for more than 12 months in accordance with section 12(B)(2).

(h) If after 12 months, the facility is brought back into service, it must meet the provisions of section 11(B)(3)(a) -(h).

(2) A tank owner may apply in writing for approval of the Commissioner to allow a facility to remain temporarily out of service for more than 12 consecutive months, if done so before the 12 months out of service expires, and when:

(a) The requirements of section 11(B)(1) above are met; and

(b) The facility is constructed in compliance with the applicable requirements of this Chapter.

Commissioner approval for a facility to remain temporarily out of service for more than 12 months must be in writing and is conditional upon continued compliance by the facility with the requirements of paragraph (1) above.

(3) If an underground oil storage facility has been out of service for a period of more than 12 consecutive months without written approval in accordance with subsection 11(B)(2) above, or remains out of service beyond an approved extension period under subsection 11(B)(2) of a facility's temporarily out-of-service status, the facility may not be brought back into service without the written approval of the Commissioner. The Commissioner may approve the return to service if the owner demonstrates to the Commissioner's satisfaction that:

(a) The tanks and piping are constructed of fiberglass, cathodically protected steel, or another equally non-corrosive material approved by the Commissioner;

(b) The tanks are of double walled construction and provided with continuous interstitial space monitoring for leak detection;

(c) The facility has safe suction or double walled pressurized product piping with continuous leak detection;

(d) The facility was installed or has been retrofitted with dispenser sumps that have continuous electronic leak detection;

(e) Facility tanks, piping, sumps and spill buckets have passed precision testing conducted in accordance with the requirements of this Chapter;

(f) The facility is in compliance with all other applicable requirements of this Chapter;

(g) The owner or operator performed a site assessment in accordance with section 12(B)(1)(c); and

(h) The return of the facility to service does not pose an unacceptable risk to ground water resources. In determining if the facility poses an unacceptable risk to ground water resources, the Commissioner may consider the age and maintenance history of the facility, the number and consequences of past oil discharges, and the proximity of the facility to sensitive geological areas, including, but not limited to, drinking water supplies, and significant sand and gravel aquifers mapped by the Maine Geological Survey and the results of the site assessment.

(i) The facility's registration must also be amended in accordance with section 4.

C.Permanently out of service facilities or tanks

(1) A tank that has failed a precision test or that has otherwise been determined to have compromised structural integrity may be allowed to remain out of service in accordance with the requirements of section 11(B) if removal would endanger other tanks that are being operated at the facility.

(2) A tank owner must apply in writing for approval of the Commissioner to allow a tank to remain permanently out of service. Approval may be given if the Commissioner deems that delaying removal will not put public health or the environment at risk. The owner or operator must:

(a) Ensure that all liquids including product and water are emptied from the tank with no more than one (1) inch of residual left;

(b) Leave vent lines open and functioning;

(c) Cap and secure all other lines, pumps, man-ways and ancillary equipment;

(d) Submit an annual compliance inspection report in accordance with section 5(D)(17) and 38 M.R.S. §563(9); and

(e) Amend the facility registration in accordance with section 4 of this Chapter.

(3) The permanently out of service tank(s) shall be removed when other tanks at the facility are removed.

D.Abandonment by removal

(1) Tanks, piping or facilities that have been out of service for 12 months must be removed within 60 days, unless a written request to remain out of service for more than 12 months under section 11(B)(2) above has been approved or has been made and is subsequently approved by the Commissioner.

(2) Removal of tanks and facilities must be conducted in accordance with API Recommended Practice 1604 and Appendix J to the satisfaction of the Commissioner. For facilities listed in section 11(A)(1)(d), a site assessment must be conducted at the time of removal in accordance with section 12(B)(1)(c) and Appendix P.

(3) As required under 38 M.R.S. §566-A(5), removal of tanks or facilities that have contained a Class 1 liquid at any time must be conducted under the direct, on-site supervision of an underground oil storage tank installer certified pursuant to 32 M.R.S. §§10001 - 10016.

NOTE: The above requirement applies to gasoline facilities and possibly other liquid petroleum products such as aviation fuel. Fire prevention requirements of this Chapter may also be enforced by State and local fire officials.

(4) After July 1, 2019, a Certified Underground Oil Storage Tank Installer overseeing a tank removal must be trained in best management practices for erosion and sedimentation control by the Department or through an equivalent program approved by the Department.

(5) If underground oil storage tanks that have been removed are stored, the following provisions apply:

(a) Areas chosen for storage may not be accessible to the general public.

(b) Inverted tanks may be stored with unplugged openings. While being transported, openings are to be tightly plugged, screwed plugs must be used and one plug must have a 1/8 inch vent hole to prevent the tank from being subjected to an excessive pressure differential caused by extreme temperature changes.

(c) All stored underground oil storage tanks must be labeled with the warning noted insection (6)(c) below.

(d) Any scale or sludge released by the tank prior to and during storage must be characterized and disposed of in accordance with the Maine Hazardous Waste Management Rules, Standards for Generators of Hazardous Waste, 06-096 C.M.R. ch. 851.

(6) If underground oil storage tanks that have been removed are sold or reused, the following provisions apply:

(a) Bare steel and asphalt coated steel tanks may not be re-installed for use as an underground oil storage facility;

(b) Fiberglass and cathodically protected double-walled tanks meeting the requirements of section 5(B) may be reinstalled, if the tank owner has supplied the Commissioner with satisfactory documentation that the manufacturer will warrant the tank for a period of at least 10 years for internal and external corrosion and structural failure, after which the tanks must be properly abandoned pursuant to this section. A written statement attesting to the validity of the warranty, signed by the tank manufacturer, and provided to the Commissioner constitutes the only proof of warranty coverage. A tank that has been reinstalled cannot operate beyond 30 years from the original date of installation unless the tank owner receives written permission from the Department pursuant to section 5(F).

(c) All transactions must be accompanied by a bill of sale indicating the former use of the tank. The bill of sale must contain the following warning:

Tank Has Contained Leaded Gasoline or Flammable Liquid

(use applicable designation)

Not Gas-Free

Not Suitable for Food or Drinking Water

(d) The tank must be clearly marked with the notice stated in paragraph (c) above, in legible letters not less than one (1) inch high, regardless of the condition of the tank.

(e) Abandoned underground oil storage tanks are prohibited from use for aboveground storage of oil, except where approved by the Maine State Fire Marshal or where a Maine professional licensed engineer, or other person meeting the requirements of Maine professional regulation statutes and rules governing professional engineers practicing in Maine, certifies that the tank meets all applicable specifications and requirements in UL 142 and NFPA 30.

(7) The owner or operator of a previously closed underground oil storage facility that was not required to conduct a site assessment must assess the excavation zone of the tanks, piping and dispensers and must conduct an after-the-fact site assessment and closure in accordance with Appendix P(11), if the Department determines releases from the underground oil storage tank pose a current or potential threat to human health or the environment.

E.Abandonment by filling in place

(1) Abandoned facilities and tanks must be removed, except where the owner can demonstrate to the Commissioner that removal is not physically possible or practicable because the tank or other component of the facility to be removed is:

(a) Located beneath a building or other permanent structure that cannot be practically replaced;

(b) Of a size and type of construction that it cannot be removed;

(c) Inaccessible to heavy equipment necessary for removal; or

(d) Positioned in such a manner that removal would endanger the structural integrity of nearby tanks.

(2) A facility or tank owner may apply to the Commissioner for a variance to abandon a facility or tank in place rather than abandon the tank or facility by removal. The variance may be granted if the Commissioner finds that:

(a) Abandonment by removal is not possible or practicable due to circumstances other than those listed in paragraph 1 above; and

(b) The granting of a variance shall not pose a threat to a private or public drinking water supply or the quality of ground water, and is consistent with the intent of this Chapter.

(3) All facilities to be abandoned in place that receive written acknowledgment from the Department that the tank or piping meets one or more of the criteria listed in section 11(E)(1) or (2) must follow the notification requirements in section F below and follow the procedures outlined in API 1604 and Appendix K. For facilities listed in section 11(A)(1)(d), a site assessment must be conducted at the time of abandonment in accordance with section 12(B)(1)(c) and Appendix P.

(4) The owner or operator of a previously closed underground oil storage facility that was not required to conduct a site assessment must assess the excavation zone of the tanks, piping and dispensers and must conduct an after-the-fact site assessment in accordance with Appendix P(11), if the Department determines releases from the underground oil storage tank pose a current or potential threat to human health or the environment.

F.Notification requirements

(1) The owner or operator of a facility or tank, which is to be closed or abandoned in place, shall notify the Commissioner, the local fire department having jurisdiction, and where required by this Chapter, the underground oil storage tank installer overseeing the closure and the person conducting the site assessment. This notice must be in writing and received by the Commissioner at least 10 business days prior to abandonment, except that when ownership of the facility or tank is unknown, the current property owner is responsible for compliance with the requirements of this section. This notice must include:

(a) The name, mailing address, and telephone number of the owner;

(b) The mailing address and location of the facility;

(c) The size(s) of tank(s) to be abandoned or taken out of service;

(d) The type(s) of product(s) most recently stored in each tank;

(e) The registration number of the facility and tank(s) if registered under this Chapter;

(f) If the tank has contained a Class I liquid, the inerting procedure and, if applicable, the cleaning location;

(g) If the tank last contained a Class I liquid, or contained a Class I liquid in the 12 months prior to closure, the name and signature of the Maine Certified Underground Oil Storage Tank Installer supervising the facility closure and the person conducting the site assessment;

(h) If abandonment in place is planned, the criteria used for justifying abandonment in place, as listed in section 11(E)(1) above;

(i) The approximate age of the tank, if known;

(j) The date upon which the facility or tank is to be removed or when a variance has been granted pursuant to section 11(D), the date on which the tank or facility will be properly abandoned on site; and

(k) The estimated date the tank was last used.

(2) The tank owner shall keep a permanent record of the tank location, the date of abandonment, and the method of conditioning the tank for abandonment.

(3) The tank owner is responsible for attaching, to the deed of the property on which the tank was located, a notice that an underground oil storage tank or underground piping has been abandoned in place pursuant to section 11(E). The deed notation must be executed within 30 days of completion of the abandonment and a copy of the executed notice from the county registry of deeds provided to the Commissioner.

NOTE: Siting of new underground oil storage facilities in wellhead protection zones is regulated under 38 M.R.S., §§1391 - 1400. and the Department's Rules for Siting Oil Storage Facilities, 06-096 C.M.R. ch. 692. Pursuant to 38 M.R.S. §1393(2)(B) and 06-096 C.M.R. ch. 692, § 3(A)(2) and 4(A)(2), if intending to replace a tank or facility being abandoned in a wellhead protection zone, the facility owner must within 30 days of removal of the existing facility, notify the commissioner and the municipal code enforcement officer in writing of their intent to replace the facility. Construction of the replacement of the facility must commence within 2 years after the date of removal. A wellhead protection zone includes areas within 300 feet of a private well. In the case of public wells, the wellhead protection zone is the area within 1,000 feet of a public well, or on the source water protection area mapped by the Maine Drinking Water Program in the Department of Health and Human Services, whichever is greater. Without taking the above steps, siting restrictions on the installation of oil storage facilities in wellhead protection areas will apply.

06- 096 C.M.R. ch. 691, § 11