06- 096 C.M.R. ch. 691, § 3

Current through 2024-51, December 18, 2024

Section 096-691-3 - Definitions

The following terms as used in this Chapter have the following meaning:

A.A/B Operator. "A/B Operator" means the owner, employee or agent who has either primary responsibility for operation and maintenance of the facility or responsibility for the day-to-day on-site operation and maintenance of the facility.

B.Ancillary equipment. "Ancillary equipment" means devices including but not limited to, piping fittings, flanges, valves and pumps used to distribute, meter or control the flow of oil to or from an underground oil storage tank.

C.Board. "Board" means the Maine Board of Environmental Protection.

D.Cathode. "Cathode" means the electrode of an electrochemical cell at which the chemical process of reduction occurs.

E.Cathodic protection tester. "Cathodic protection tester" means an underground oil storage tank installer or inspector certified by the Maine Board of Underground Storage Tank Installers (BUSTI), who also meets the requirements of Appendix M of this Chapter.

F.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. For example, a tank system can be protected against corrosion through the application of either a galvanic or an impressed current cathodic protection system. Cathodic protection techniques are those that are consistent with the National Association of Corrosion Engineers (NACE) International publication, "Standard Practice, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection," NACESP 0285, or "Standard Practice, Control of External Corrosion on Underground or Submerged Metallic Piping Systems", NACESP 0169.

G.Cathodic protection monitoring. "Cathodic protection monitoring" means a process of measuring the structure to electrolyte potential to determine whether a cathodically protected structure is being adequately protected against corrosion. Cathodic protection monitoring shall be performed according to the requirements of Appendix A.

H.Class I liquids. "Class I liquids" means liquids having a flash point below 100 degrees F.

I.Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection, or his or her designee.

J.Compatible. "Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the underground storage tank.

K.Containment sump. "Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of oil from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and include sumps located at the top of tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump), and spill buckets.

L.Contamination. "Contamination" for the purposes of this Chapter only and only as applied to ground water, surface water, sediment and soils, means oil pollution attributable to an underground oil storage facility or the underground piping of an aboveground oil storage facility and exceeding any one of the following standards:

(1) The presence of free product, an oil sheen or oil saturated soils;

(2) Primary drinking water standards adopted in rule by the Maine Department of Health and Human Services, Rules Relating to Drinking Water,10-144 C.M.R. ch. 231;

(3)Maximum Exposure Guidelines (MEG) for Drinking Water published on December 31, 2016 by the Maine Center for Disease Control and Prevention in the Department of Health and Human Services;

(4) A statistically significant increase in the concentration of measured parameters at on-site or down-gradient locations by comparison with representative background values, as demonstrated by statistical methods and procedures using a 95 percent level of confidence, approved by the Commissioner and consistent with the provisions of Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities,40 C.F.R. § 264.97 as amended up to July 1, 2018 (except that where the "Regional Administrator" is referred to, the "Commissioner" is meant);

(5) Water where volatile or extractable petroleum hydrocarbon fractions or target compounds are documented;

(6) Soils visibly stained or discolored by heavy oil; or

(7) Soils where volatile or extractable petroleum hydrocarbon fractions or target compounds equal or exceed reporting levels in Table 1 of Appendix Q of this Chapter.

M.Continuous electronic monitoring. "Continuous electronic monitoring" means the use of a monitoring device capable of automatic, continuous unattended operation, which will provide a clear, audible or visual indication of the presence of liquid hydrocarbons or hydrocarbon vapors outside of a primary hydrocarbon container or the loss of the primary containment structure's integrity.

N.Corrosion expert. "Corrosion expert" means a person who is certified by the Commissioner pursuant to 38 M.R.S. §567-A and Appendix N of this Chapter, as qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks.

O.Corrosion-induced leak. "Corrosion-induced leak" means any discharge of oil from an underground oil storage facility or tank caused by the deterioration of materials that comprise the facility or tank because of a reaction with the internal or external environment of the facility or tank.

P.Daily inventory. "Daily inventory" means accounting practices for oil stock control, including at a minimum:

(1) a record of all bulk liquid receipts;

(2) a record of all liquid dispersed from the facility;

(3) a daily reconciliation between sales, use, receipts and inventory-on-hand; and

(4) a monthly summary of inventory results maintained in accordance with the requirements of section 5(D)(1) of this Chapter.

Q.Department. "Department" means the Maine Department of Environmental Protection composed of the Board and the Commissioner.

R.Dispenser. "Dispenser" means equipment located aboveground that supplies product from the underground oil storage facility.

S.Dispenser system. "Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground oil storage facility.

T.Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, escaping, emptying, or dumping.

U.Double-walled tank. "Double-walled tank" means an underground oil storage tank providing no less than 300-degree secondary containment, interstitial space monitoring and secondary containment for pressurized product delivery pipe connections.

V.Emergency situation. "Emergency situation" means any unforeseen circumstances where the installation or replacement of an underground oil storage facility or tank is required to protect the public health, safety, and welfare.

W.Existing underground oil storage facility or existing underground oil storage tank. "Existing underground oil storage facility" or "existing underground oil storage tank" means any facility or tank, as defined in subsections OOO and PPP, that was fully installed as of April 19, 1990, and the location of which has not changed.

X.Facilities used for consumption on the premises. "Facilities used for consumption on the premises" means underground oil storage facilities not used to store motor fuels or waste oil, or in the marketing and distribution of oil to others. This includes underground heating oil storage facilities where the product is consumed on the premises or by the owner or operator of the facility.

Y.Facilities used for marketing and distribution. "Marketing and distribution facility" means any underground oil storage facility where oil is stored for eventual resale.

Z.Electrical equipment tank. Electrical equipment tank" means a tank that is a piece of underground equipment that contains dielectric fluid that is necessary for the operation of the equipment such as transformers or buried electrical cable.

AA.Equipment or machinery tank. "Equipment or machinery tank" means a tank that contains oil that is used for operational purposes such as a hydraulic lift tank or electrical equipment tank.

BB.Field constructed tank. "Field constructed tank" means a tank constructed in the field, including a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field.

CC.Free product. "Free product" means nonaqueous phase liquid oil or petroleum.

DD.Gallon. "Gallon" means a unit of volume in the U.S. Customary System, used in liquid measure, equal to four (4) quarts, or 3.785 liters.

EE.Gasoline. "Gasoline" means a volatile, highly flammable liquid with a flash point of less than 100 degrees F obtained from the fractional distillation of petroleum.

FF.Heavy oil. "Heavy oil" means forms of oil that must be heated during storage, including, but not limited to #5 and #6 oils.

GG.Impressed current cathodic protection system. "Impressed current cathodic protection system" means a cathodic protection system that relies on direct current supplied by a power source external to the electrode system.

HH.In service. "In service" means that a tank or facility has had product added or removed for its intended purpose.

II.Leak. "Leak" means a loss or gain of:

(1) 0.1 gallons or more per hour as determined by a precision test or other facility integrity test methods approved by the Commissioner capable of detecting a 0.1 gallon or more per hour product loss or gain; or

(2) fluid to or from an underground oil storage facility, including, but not limited to, interstitial spaces and containment sumps.

JJ.Manifolded piping system. "Manifolded piping system" means a system where two or more pipes are merged into a single pipe. This includes vapor vent pipes from two or more tanks merging into one vent pipe, or pressurized product pipes from two or more tanks merging into one pressurized product pipe.

KK.Master tank. "Master tank" means a tank containing a submersible turbine pump that delivers product to fuel dispensers through a pressurized product pipe, and passively receives fuel from a subordinate tank through a siphon bar connecting the two tanks.

LL.Monitoring well. "Monitoring well" means a dug or drilled, cased well or other device used to detect oil in ground water and appropriately constructed.

MM.Motor fuel. "Motor fuel" means a complex blend of petroleum hydrocarbons and additives typically used in the operation of a motor engine such as motor gasoline, aviation gasoline, #1 fuel, or #2 diesel fuel or any blend containing one or more of these substances, such as gasoline blended with alcohol.

NN.Occurrence. "Occurrence" means a contamination incident or prohibited discharge associated with one or more tanks or piping at an underground oil storage facility or an aboveground oil storage facility within one year.

OO.Oil. "Oil" means oil, oil additives, 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 nonhazardous waste, crude oils. and all other liquid hydrocarbons regardless of specific gravity. For the purposes of this Chapter, oil does not include propane.

PP.Operator. "Operator" means any person who is in control of, or having responsibility for, the daily operation of an underground oil storage facility or tank.

QQ.Out-of-service underground oil storage facility or tank. "Out-of-service underground oil storage facility" and "out-of-service underground oil storage tank" means any such facility or tank, as defined in subsections OOO and PPP, which is neither receiving nor dispensing oil, but to be returned to service or awaiting abandonment pursuant to section 11 of this Chapter.

RR.Owner. "Owner" means any person whom alone, or in conjunction with others owns an underground oil storage facility.

SS.Person. "Person" means any natural person, firm, association, partnership, corporation, trust, the State and any agency of the State, governmental entity, quasi-governmental entity, the United States and any agency of the United States and any other legal entity.

TT.Piping line tightness test. "Piping line tightness test" means a test to determine the presence of a leak in the piping components of a facility. Volumetric and non-volumetric tests may be used. All piping tightness tests must be conducted in accordance with the requirements of Appendix B.

UU.Pneumatic test. "Pneumatic test" means an air pressure test, performed in accordance with the requirements of Appendix C of this Chapter.

VV.Precision test. "Precision test" means a tank or piping line tightness test, approved by the Commissioner, that is capable of detecting a leak, a loss or gain of 0.1 gallons per hour with a probability of detection of at least 95 percent and a probability of false alarm of five (5) or less percent as determined by an independent testing laboratory using protocols approved by the U.S. Environmental Protection Agency (EPA) or a nationally recognized independent testing organization, including, but not limited to, the American Society for Testing and Materials (ASTM) and the National Work Group on Leak Detection Evaluations. A precision test method specifically for testing the integrity of the interstitial space of a double-walled tank, and that lacks an independent third party approval of its protocols, must be reviewed and approved by the Commissioner prior to use. For the purpose of this Chapter, precision test also means test methods approved by the Commissioner to determine the integrity of spill buckets, dispenser, tank top, piping and other containment sumps.

WW.Private water supply. "Private water supply" means any dug, drilled or other type of well or spring or other source of water, which collects water for human consumption and is not a public water supply.

XX.Public drinking water supply. "Public drinking water supply" means any well or other source of water that furnishes water to the public for human consumption for at least 15 connections, regularly serves an average of at least 25 individuals daily at least 60 days out of the year, or that supplies bottled water for sale.

YY.Repair. "Repair" means to restore to proper operating condition a tank, piping, containmentsump, corrosion prevention equipment, leak detection equipment or other underground oil storage tank system component that has failed to function properly or that has caused or may cause a release of product from the underground oil storage tank system.

ZZ.Replace. "Replace" means to remove a tank and install another tank, or to remove and replace 25 percent or more of a single underground piping run that does not meet the design standards for new installations in section 5(B).

AAA.Replacement facility. "Replacement facility" means an underground oil storage facility where one or more of the following major components are replaced: a tank; piping; leak detection equipment; or overfill prevention or containment equipment. Minor repairs to a facility component, or other repairs conducted in accordance with the requirements of this Chapter, do not trigger the definition of a replacement facility.

NOTE: Except where specified otherwise in the rule, only the major component replaced will need to meet the rule's design and installation requirements for new and replacement facilities. It is not the intent of this definition to require the upgrade of an entire facility in the event one component is replaced. An example of a specific section in the rule that requires an upgrade is when an existing dispenser and the equipment used to connect the dispenser to the underground piping are removed and replaced with a new dispenser. In this example the continuous electronic monitoring and under-dispenser containment requirements are triggered. See section 5(C)(5) and (6).

BBB.Safe Suction piping. "Safe suction piping" also known as European safe suction, means underground product piping connected to a suction pump that continuously slopes back to the tank at least 1/8 inch per foot, and has a single check valve located as close to the pump as possible, such that product will drain back to the tank, if the integrity of the piping is compromised.

CCC.Secondary containment. "Secondary containment" means a system installed so that any material that is discharged or has leaked from the primary containment is prevented from reaching the soil or ground water outside the system for the anticipated period of time necessary to detect and recover the discharged material. Such a system may include double-walled tanks and piping, double-walled sumps or another method approved by the Commissioner that is technically feasible and effective, and meets the requirements of section 5(B)(2).

DDD.Self-structural systems. "Self-structural systems" means a retrofit system that is designed to meet equivalent structural requirements of an underground tank standard, without any structural contribution from the host tank.

EEE.Sensitive geologic area. "Sensitive geologic area" means any of the following:

(1) significant ground water aquifers, as defined in subsection FFF below;

(2) locations within 1,000 feet of a public drinking water supply; or

(3) locations within 300 feet of a private drinking water supply. Sensitive geologic areas around surface water bodies shall include all areas within 1000 feet of the intake point of a public water system, except on rivers and streams where it will only include areas within a 1000 feet of the intake point and upstream on either shore. All areas within 300 feet of the intake point in a lake, pond or other surface water body used for a private water supply system shall be considered a sensitive geological area, except on rivers and streams where it will only include areas 300 feet upstream on either shore of the intake point. For the purpose of this Chapter, a well or other source of water that is a public drinking water supply solely because the water is used to make beverages for public sale or consumption is deemed to be a private drinking water supply.

FFF.Significant ground water aquifer. "Significant ground water aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel, 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: Significant Sand and Gravel Aquifer Maps are available from the Maine Geological Survey, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. http://www.maine.gov/dacf/mgs/pubs/online/aquifers/aquifers.htm

GGG.Siphon bar. "Siphon bar" means piping that connects two tanks and allows fuel to be drawn from the tank that contains a higher product level to equalize the product level of both tanks.

HHH.Site assessment. "Site assessment" means a determination at the time of facility or tank closure, of the occurrence of a prohibited leak or discharge of oil, and of the presence or absence of oil contamination in the soils or the waters of the State.

III.Spill bucket. "Spill bucket" means a liquid tight spill container for each tank chamber, which is sealed around the fill pipe and will collect any spillage during product delivery.

JJJ.Statistical inventory reconciliation. "Statistical inventory reconciliation" means a process of evaluating the various sources of errors present in daily inventory records and capable of detecting a leak or discharge of 0.1 gallons per hour with a 95 percent probability and a 5 percent chance of a false alarm as determined by an independent vendor using EPA's approved standardized test procedures, conducted in accordance with the requirements of section 5(D)(2).

KKK.Subordinate tank. "Subordinate tank" means a tank that is connected to an adjacent "master" tank via a siphon bar and does not distribute fuel to a dispenser.

LLL.Tank tightness test. "Tank tightness test" means a precision test, as defined under subsection VV. Tank tightness tests may include volumetric tank tightness tests or non-volumetric tank tightness tests. Tank tightness tests must be conducted in strict accordance with Appendix B and the manufacturer's test instructions and any protocols identified by an independent testing laboratory as required to meet the performance standards of subsection VV.

MMM.Tank Warranty. "Tank warranty" means the length of time the manufacturer guarantees the tank against corrosion or structural failure.

NNN.Under-dispenser containment. "Under-dispenser containment" or "dispenser sump" means a liquid tight container under the dispenser designed to prevent the intrusion of water and that prevents leaks from the associated dispenser and piping from reaching soil or ground water.

OOO.Underground oil storage facility. "Underground oil storage facility" also referred to as "facility," means any underground oil storage tank or tanks, as defined in subsection PPP, together with associated piping, ancillary equipment, containment systems, and dispensing facilities located under any land at a single location and used, or intended to be used, for the storage or supply of oil, as defined in this Chapter. Underground oil storage facility also includes piping located under any land at a single location associated with aboveground storage tanks and containing 10 percent or more of the facility's volume capacity.

NOTE: Underground piping associated with an aboveground oil storage facility, regardless of percent of facility volume, must be installed, operated, maintained and abandoned in accordance with this Chapter and other requirements of 38 M.R.S. §570-K governing aboveground oil storage facilities. Piping associated with oil terminals, most aboveground home heating oil facilities, and liquefied petroleum and natural gas facilities are exempt.

PPP.Underground oil storage tank. "Underground oil storage tank" also referred to as "tank," means any container, 10 percentor more of its volume being beneath the surface of the ground and which is used, or intended to be used, for the storage, use, treatment, collection, capture or supply of oil as defined in this subchapter, but does not include any tanks situated in an underground area if these tanks or containers are situated upon or above the surface of a floor and in such a manner that they may be readily inspected. For the purpose of this Chapter, "underground oil storage tank" does not include underground propane storage tanks, wastewater treatment tank systems such as underground oil water separators that are regulated by the Clean Water Act §§402 or 307(b) (1972) ( 33 U.S.C., § 1317(b) or § 1342 (2016)), storm water and emergency catch basins, and equipment or machinery tanks such as hydraulic lift tanks and electrical equipment tanks. Overflow tanks associated with oil-water separators are still considered an underground oil storage tank.

QQQ.Underground oil storage tank inspector. Any person certified under the Underground Oil Storage Tank Installers Law, 32 M.R.S. §§10001 - 10016 and Certification of Underground Oil Storage Tank Inspectors, 06-481 C.M.R. ch. 6 (last amended February 15, 2015) to inspect underground oil storage tanks and facilities.

RRR.Underground oil storage tank installer. Any person certified under 32 M.R.S. §§10001 - 10016 and Certification of Underground Oil Tank Installers, 06-481 C.M.R. ch. 3 (last amended February 15, 2015) to install underground oil storage tanks and facilities.

NOTE: BUSTI, 06-481 C.M.R. ch. 3, refers to underground oil storage tank installers as underground oil tank installers. These terms apply to the same types of individuals.

SSS.Volumetric tank tightness test. "Volumetric tank tightness test" means a hydrostatic tank tightness test or precision test conducted at constant hydrostatic pressure at the bottom of the tank; where instrumentation noise is 3 to 5 times less than the minimum detectable leak rate; where temperature sensors provide adequate spatial coverage of tank; and where calibration of all instrumentation can be field checked. A volumetric or hydrostatic tank tightness test must be performed in accordance with Appendix B of this Chapter.

TTT.Waste oil. "Waste oil" means petroleum-based oil which, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. It must have sufficient liquid content to be free flowing. Waste oil is further defined in the Department'sWaste Oil Management Rules,06-096 C.M.R. ch. 860, § 4.

UUU.Waste oil dealer. "Waste oil dealer" means any person in the business of transporting or handling more than 1,000 gallons of waste oil for the purpose of resale in a calendar month. A person, who collects or stores waste oil on the site of generation, whether or not for the purpose of resale, is not a waste oil dealer.

VVV.Waste oil tank. "Waste oil tank" means an underground oil storage tank used for the collection and storage of waste oil.

WWW.Wastewater treatment tank. "Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

06- 096 C.M.R. ch. 691, § 3