06-096-691 Me. Code R. § 5

Current through 2024-51, December 18, 2024

Section 096-691-5 - Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil

A.Applicability

(1) This section and its requirements apply to all facilities and tanks used to store motor fuels or used in the marketing and distribution of oil to others, except where noted below.

(2) Tanks supplying fuel to a generator are considered a motor fuel tank and are governed by this section.

(3) This section does not apply to field constructed tanks and airport hydrant systems, which must comply with sections 8 and 10 of this Chapter, respectively.

NOTE: All new and replacement underground piping associated with aboveground storage tanks must be installed, operated, maintained and removed in accordance with these rules and 38 M.R.S. §570-K.

B.Design and installation standards for new and replacement facilities

(1) General design requirements

(a) All new and replacement tanks must be constructed of fiberglass reinforced plastic (hereafter "fiberglass"), cathodically protected steel, or other equally noncorrosive material approved by the Commissioner. Piping and below ground ancillary equipment in contact with soil or water must be constructed of fiberglass, cathodically protected steel or other corrosion-resistant or noncorrosive materials approved by the Commissioner.

(i) It is the responsibility of the facility owner to demonstrate to the satisfaction of the Commissioner that the materials are noncorrosive or corrosion resistant and meet or exceed the performance standards listed below.

(ii) All new or replacement facilities must be listed and constructed in accordance with the standards contained in the following:

* Fiberglass Tanks -

* Underwriters Laboratories (UL) Standard 1316, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol-Gasoline Mixtures; or

* Underwriters Laboratories of Canada (ULC) S615, Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids;

* Cathodically Protected Steel Tanks-

* Steel Tank Institute (STI) STI-P3^®, Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks;

* UL Standard 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks;

* ULC S603, Standard for External Corrosion Protection for Steel Underground Tanks for Flammable and Combustible Liquids, and S631, Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protections Systems;

* Steel Tank Institute (STI) Standard F841, Standard for Dual Wall Underground Steel Storage Tanks;

* NACE International, SP 0285-2011, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and UL Standard 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids; or

* Petroleum Equipment Institute (PEI) RP-100, Recommended Practices for Installation of Underground Liquid Storage Systems;

* Steel Clad or Jacketed Tanks-

* UL 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, STI F894;

* Composite Tank Standard-

* STI F894, ACT-100 ® Specification of External Corrosion Protection of FRP Composite, or STI Specification F922, STI Specification for Permatank;

* Non-Metallic and Fiberglass Piping-UL Standard 971, Non-metallic Underground Piping for Flammable Liquids, or ULC Standard S660, Standard for Non-metallic Underground Piping for Flammable Liquids and Combustible Liquids; Pipe Connectors-

* UL Standard 567, Standard for Emergency Breakaway Fitting, Swivel Connectors and Pipe Connectors for Petroleum Products and LP Gas;

* Flexible Connectors-

* CAN/ULC -S633, Flexible Underground Hose Connectors for Flammable and Combustible Liquids; and

* Steel Piping-

* National Fire Protection Association (NFPA) Standards 30, Flammable and Combustible Liquids Code, 30-A, Code for Motor Fuels Dispensing Facilities and Repair Garages, or 31, Standard of the Installation of Oil Burning Equipment;

* American Petroleum Institute (API) Publications 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems;

* NACE International Standard SP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems or NACESP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection; or

* STI Recommended Practice R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems.

NOTE: Fiberglass clad steel and other steel composite tanks need not be provided with galvanic or impressed current cathodic protection if constructed with secondary containment and interstitial space monitoring in accordance with the standards of this subsection.

(iii) Impressed current cathodic protection systems must be designed by a corrosion expert and according to the standards described in the NACE International SP 0285 and SP 0169, and installed under the supervision of a corrosion expert and by a Maine Certified Underground Oil Storage Tank Installer.

(b) All facility construction materials must be chemically and physically compatible with the product to be stored. For facilities storing gasoline with more than 10 percent ethanol or storing diesel with more than 20 percent biodiesel or any other regulated substance identified by the Department, the facility owner must demonstrate that the facility is compatible with these oil products by one of the following methods:

(i) UL or other nationally recognized independent testing laboratory certification or listing approved by the Commissioner;

(ii) A written statement of compatibility from the equipment or component manufacturer that indicates an affirmative statement of compatibility and specifies the range of biofuel blends the equipment or component is compatible with; or

(iii) Another method demonstrating compatibility of facility components and equipment with the oil product to be stored approved by the Commissioner.

Documentation of facility and oil product compatibility shall be maintained at the owner's place of business for the life of the facility component or equipment.

NOTE: Gasoline underground oil storage facilities with a monthly throughput of 10,000 gallons or more in any one month are required to install vapor control equipment in accordance with Gasoline Dispensing Facilities Vapor Control, 06-096 C.M.R. ch. 118 of the Department's air quality rules.

(2) Leak detection

(a) All new and replacement facilities must be designed to provide secondary containment for all facility components routinely containing product, including tanks, product piping, other below ground ancillary equipment and product dispensers. New and replacement tanks and product piping must have continuous interstitial space monitoring. All piping sumps including dispenser sumps and pans shall be provided with continuous leak detection monitoring.

(b) Interstitial space monitoring of tanks and piping must be able to detect a loss or gain in the interstitial space from a leak in the primary or secondary containment structure.

(c) Safe suction piping and siphon bars designed and installed in accordance with this Chapter are not required to have secondary containment.

(3) Overfill and spill prevention equipment. Facility owners and operators shall take measures to prevent releases due to spilling or overfilling. New and replacement facilities must include:

(a) For anew facility, a liquid tight double walled spill bucket with electronic or mechanical interstitial space monitoring, of a minimum capacity of 15 gallons for each tank fill, which is sealed around the fill pipe and will collect any spillage during product delivery. For replacement facilities, when only the spill bucket is retrofitted or replaced, the largest capacity double walled spill bucket with electronic or mechanical interstitial space monitoring feasible from 5 to 15 gallons must be installed.

(b) Overfill prevention equipment that will:

(i) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or

(ii) Alert the transfer operator when the tank is no more than 90 percent full by restricting flow into the tank or triggering a high-level audible alarm (vent whistles are not considered a high-level alarm).

(c) A ball floatvalve, also known as a ball float ventvalve, may not be installed after October 13, 2018.

(d) Dispenser sumps or pans of adequate dimensions must be located and installed under all product dispensers in such a manner as to collect all product leaks and discharges from dispenser piping and equipment to prevent oil reaching the environment. Dispenser sumps must be liquid tight and allow for visual inspection and access to the components in the containment system. Dispenser sumps must be equipped with continuous leak detection equipment including leak detection sensors and alarms. If the facility operates unattended at any time, then the dispenser sump sensor(s) must shut down all submersible pumps.

NOTE: Because double walled containment sumps with continuous monitoring do not require triennial sump testing, owners should carefully consider the initial costs of this design as compared to the anticipated cost associated with triennial sump testing.

(e) Bulk plants and other distribution facilities where oil is transferred to tank trucks or railroad tank cars must include a system to prevent oil spills and overfills from reaching the environment. Installation of a system to catch or direct the flow of loading area spills and overfills is required. Any such system must be able to hold at least the maximum capacity of the largest single compartment of a tank car or tank truck loaded or unloaded at the facility, and must include one of the following:

(i) An impermeable curbed loading or unloading pad sloped or connected to a catchment basin, an underground oil storage tank or other containment system which in combination provide sufficient containment capacity to meet this Chapter;

(ii) An impermeable curbed loading or unloading pad sloped or connected to an oil water separator discharging to a public wastewater treatment facility or the waters of the State, licensed by the Department pursuant to the law on waste discharge licenses, the Pollution Control Law, 38 M.R.S. §413 and the Oil Discharge Prevention and Pollution Control Law, 38 M.R.S. §543; or

(iii) Other loading or unloading rack overfill containment system approved by the Commissioner.

Subsurface discharges of potentially oil contaminated storm water are prohibited unless licensed by the Department in accordance with 38 M.R.S. §§413 and 543.

(4) General facility installation requirements

(a) No person may install an underground oil storage facility or a portion thereof unless that person is a properly Certified Underground Oil Storage Tank Installer with the appropriate class of certification and has paid the required certification fee. A Maine Certified Underground Oil Storage Tank Installer shall be present and supervising all aspects of the UST facility installation.

(b) An underground oil storage tank installer may not install an underground storage facility if the installer has been placed on inactive status or if the installer's certification has been suspended or revoked under 32 M.R.S., §10015, and has not been reinstated.

(c) An underground oil storage facility may not be installed unless the entire facility has been registered in accordance with section 4 of this Chapter.

(d) An underground oil storage tank or piping may not be installed within one foot of the closest bedrock. In sensitive geologic areas with known contamination, bedrock may not be blasted without the Department's prior approval.

NOTE: Blasting in contaminated sensitive geologic areas can spread contamination to drinking water supplies where contamination is not currently present.

(e) All phases of the installation of an impressed current cathodic protection system must be conducted under the direct supervision of a corrosion expert. The tank, piping and other portions of the facility other than the impressed current system may be installed by a Maine Certified Underground Oil Storage Tank Installer without such supervision.

(f) All new and replacement steel tanks and piping with cathodic protection must be monitored within 6 to 12 weeks of completion of installation by a cathodic protection tester in accordance with Appendix A of this Chapter.

(g) Owners of new and replacement facilities shall ensure that the installer(s) provides certification of proper installation to the Commissioner within 30 days of completion of installation that the facility's materials, design and installation are in compliance with the requirements of this Chapter. This certification shall be provided in writing on a form provided by the Commissioner and signed by the Certified Underground Oil Storage Tank Installer responsible for the installation. The certification shall be submitted to the Department before fuel is dispensed from the tank for consumption or resale, unless an alternate schedule for submitting the Certificate of Proper Installation is agreed to by the Department, the Maine Certified Underground Oil Storage Tank Installer and the tank owner.

(h) For all new installations and replacements of tanks and piping the facility owner shall maintain a to-scale, as-built drawing of the facility at the facility or the owner's primary place of business. The drawing is to show the location of tanks, piping, dispensers and other major underground facility components to facilitate safe facility maintenance, repairs, replacement and remediation.

(i) No used or previously installed double-walled fiberglass, cathodically protected steel, or other tank meeting the requirements of section 5(B) may be reinstalled, unless the owner has supplied the Commissioner with satisfactory documentation that the manufacturer will warranty that tank against internal and external corrosion and structural failure for a period of at least 10 years, after which the tank and piping must be properly abandoned in accordance with section 11. Reinstallation of a tank requires an amendment of the facility registration in accordance with section 4(M). The warranty documentation shall accompany the submission of the registration amendment. Used piping may not be reinstalled. 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).

(j) The facility owner shall ensure that no permanent structures, underground utilities or other objects are installed or constructed in proximity to the tank, so as to impede the ability to safely remove the tank as determined by a Maine Certified Underground Oil Storage Tank Installer or a Maine registered engineer,

(k) 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) Installation requirements for new and replacement tanks

(a) New and replacement tanks and facilities must be installed in conformance with the requirements of Appendix D, except field constructed tanks which must be installed in accordance with section 8 of this Chapter.

(b) If a tank is replaced, all associated underground piping not meeting the design requirements of this Chapter shall be replaced. Underground piping meeting the requirements of this chapter must be precision tested in accordance with Appendix B prior to continued use. If product piping is replaced and structural damage to the associated tank has occurred, impairing its physical integrity, the tank also must be replaced or repaired. Any replacement tank must be designed and installed in accordance with this Chapter. Repairs of damaged fiberglass, cathodically protected steel and other Commissioner approved noncorrosive material tanks may only be made if conducted in accordance with sections 5(D) (13) or (14). Tanks that cannot be repaired must be abandoned in accordance with section 11.

(6) Installation requirements for new and replacement piping

(a) All underground piping must be designed and installed in conformance with the requirements of Appendix E, except airport hydrant piping, which must comply with section 10. If replacement piping is installed for 25 percent or more of a non-compliant piping run, the entire piping run must be replaced.

(b) All underground piping in contact with soil or water must be constructed of fiberglass or cathodically protected steel. Other noncorrosive materials may be used when approved by the Commissioner.

(i) It is the responsibility of the tank owner to demonstrate to the satisfaction of the Commissioner that the materials are noncorrosive.

NOTE: Galvanized piping does not meet the requirement for corrosion protection of tanks or piping, and does not meet the criteria for cathodic protection as stated in the NACE International, Standard Practice SP 0285.

(ii) All new or replacement non-metallic product piping must be listed by UL for underground use. Cathodically protected piping must be constructed and installed in conformance with the NACE International, Standard Practice, SP 0169, or PEI Recommended Practice RP100.

(iii) Other than field coating limited to vertical fill pipes, vertical vent risers and piping joints, field coating of steel pipe for product delivery lines is prohibited except where supervised and inspected by a corrosion expert.

(c) Product lines must be installed in a single trench between the tank area and each pump island. Underground vent lines must be installed in a single trench. All product and vent lines shall slope toward the tank or a sump with leak detection at a minimum slope of 1/8 inch per foot, or in accordance with the manufacturer's instructions.

NOTE: The Department recommends placing colored, plastic tape in the excavation trench for fiberglass reinforced piping and plastic piping runs to warn excavator operators and to help locate piping in the future.

(d) Secondary containment and cathodic protection of vertical, direct drop fill pipes is not required if the fill pipe is constructed of Schedule 40 steel and is uniformly coated with a minimum of 1/8 inch of fiberglass resin, bitumastic coating or epoxy coating. The pipe surface must be properly prepared and the coating allowed to cure. Offset fill pipes require secondary containment and interstitial leak detection.

(e) Piping shall be installed such that in-line piping leak detectors and overfill prevention equipment operate in accordance with manufacturers' specifications and the requirements of this Chapter.

(6-A) Replacement of the flexible primary product piping in a double-walled piping system. Primary piping that is part of double-walled piping may be replaced without excavation and removal of the entire piping run when there is no evidence of a possible piping discharge and when the following conditions and requirements are met:

(a) Flexible primary piping can be removed by pulling the entire length of old piping through the four (4) inch diameter secondary containment or chase piping, and can be replaced with new double-walled piping fed through the existing chase piping;

(b) The original chase piping may only be used as the conduit for the replacement piping, not as secondary containment;

(c) The facility is equipped with dispenser, tank top and piping containment sumps installed in accordance with section 5(B);

(d) The replacement piping is double-walled with an interstitial space for leak monitoring, and is installed in accordance with all applicable requirements of this Chapter, including Appendix E;

(e) The facility registration is amended in accordance with section 4(M); and

(f) A modified site assessment is conducted and submitted to the Commissioner in accordance with section 11(A) and Appendix P of this Chapter.

(7) Installation requirements for leak detection and overfill/spill prevention equipment

(a) Leak detection and overfill/spill prevention alarms and shutoff equipment must be installed and operating prior to the start of the facility's operation and in accordance with manufacturer specifications, including proper calibration of electronic equipment. Installation of a ball float valve for overfill prevention is prohibited after October 13, 2018.

(b) Piping, tank and dispenser containment sumps and pans must be liquid tight. New and replacement piping, tank and dispenser containment sumps must be tested to 4 inches above the highest penetration or seam in the sidewall.

(c) Penetrations of a containment sump for piping or other sump entrance must be liquid tight and must be at least three (3) or more inches above the leak detection sensor activation level. The three (3) inch penetration location requirement does not apply to the bottom access hole in a tank sump for the installation of a pressurized product pump or to provide access to the tank for suction dispenser piping. The bottom access hole must be liquid tight.

NOTE: The Department recommends that sump penetrations be at least 4 inches or more above the leak detection sensor whenever possible to facilitate low level sump testing.

C.Retrofitting requirements for existing facilities

(1) Existing facility owners shall retrofit or institute a leak detection method, capable of detecting a leak in the tank, product piping and other portions of the facility normally containing product. Such leak detection must be capable of detecting a leak within 30 days of occurrence with a probability of detection of at least 95 percent and a 5 percent or less probability of a false positive as determined by an independent testing laboratory, using EPA approved testing protocols. Leak detection methods found to meet the above performance standards and tested using other protocols approved by nationally recognized independent testing organizations may be used. Examples include, but are not limited to, the American Society of Testing and Materials and the National Work Group on Leak Detection Evaluations.

Acceptable methods are listed in section 5(C)(2) below. Facility owners shall have leak detection in operation by December 1, 1990, for facilities with pressurized piping and by December 1, 1991, for facilities with safe suction piping.

Existing facilities with secondary containment with interstitial space monitoring for all tanks, product piping and associated below ground ancillary equipment are considered to meet this requirement.

Facilities with suction piping installed such that the piping is sloped so that the contents of the pipe will drain back into the tank if suction is lost, and only one check valve is located in a piping line with the check valve located directly below and as close as possible to the pump, may have until December 1, 1993 to implement leak detection.

Where an existing tank has leak detection meeting the requirements of this Chapter, the associated product piping must be provided leak detection in accordance with the time schedule and other provisions of this subsection. If the mandatory removal date for a nonconforming facility under 38 M.R.S., section563-A, precedes the leak detection compliance schedule outlined above, the facility owner shall comply with the removal schedule in section 563-A.

(2) Acceptable leak detection methods for tanks installed before September 16, 1991 are any one of the following:

(a) Monthly statistical inventory reconciliation of daily product inventory data in accordance with Appendix I and an annual precision test of all tanks and piping. All facilities using this method must install drop tubes in the fill pipes. An annual statistical inventory reconciliation, conducted in accordance with section 5(D)(2) or other Commissioner approved methods of facility leak detection capable of detecting a leak rate of 0.1 gallons per hour with a 95 percent probability of detection and 5 percent probability of false alarm, may be substituted for a precision test for the purposes of this paragraph. In addition, all pressurized piping must be retrofitted with an automatic in-line leak detector capable of detecting a leak of 3 or more gallons per hour at 10 pounds per square inch line pressure within 1 hour of its occurrence with a 95 percent probability and a 5 percent probability of false alarm.

(b) Automatic tank gauging, that can detect a 0.2 gallon per hour loss, conducted at least once every 30 days, and monitoring of associated existing piping, by implementing one of the leak detection methods listed below in paragraph C(2)(c) of this section.

(c) When an existing tank is to be monitored for leaks by automatic in-tank gauging, associated existing piping must be monitored for leaks using one of the following methods:

(i) Secondary containment with continuous interstitial space monitoring;

(ii) For pressurized piping, either an automatic mechanical in-line leak detector and an annual piping line tightness test; or an electronic in-line leak detector capable of detecting a piping leak of 0.1 gallons per hour; or

(iii) Replacement with safe suction piping designed and installed in accordance with requirements for new and replacement piping in this section and Appendix E.

(d) Where only existing piping requires leak detection, one of the following methods must be used:

(i) Secondary containment with continuous interstitial space monitoring;

(ii) For pressurized piping, an automatic mechanical in-line leak detector, and an annual piping line tightness test; or an electronic in-line leak detector capable of detecting a 0.1 gallon per hour leak;

(iii) Replacement with safe suction piping designed and installed in accordance with requirements for new and replacement piping in this section and Appendix E.

(e) Other facility leak detection systems approved by the Commissioner that can detect at least a 0.2 gallon per hour leak rate with at least a 95 percent probability and a 5 percent or less chance of false alarm, as determined by an independent testing laboratory using EPA approved testing protocols, or by other testing protocols approved by a nationally recognized independent testing organization.

(3) Overfill and spill prevention equipment must be retrofitted at all facilities constructed of fiberglass, cathodically protected steel or other noncorrosive materials approved by the Commissioner in accordance with section 5(B) by December 22, 1998.

(4) Facilities that do not comply with the retrofitting requirements of this subsection shall cease operation on the date upon which retrofitting was required, and close in accordance with section 11 of this Chapter.

(5) A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground oil storage facility are installed. The equipment necessary to connect the dispenser to the underground oil storage facility includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser and the underground piping.

(6) The replacement of the dispenser and the equipment needed to connect the dispenser to the underground oil storage facility triggers the requirement to install a dispenser sump and continuous leak detection equipment, including leak detection sensors and alarms.

D.Monitoring, maintenance, operating and inspection requirements

(1) Daily inventory requirements. The owner or operator of a facility with single-walled tanks that do not have an automatic gauge system for leak detection shall maintain and reconcile daily inventory for each day that oil is being added to or withdrawn from the facility or tank.

(a) Daily inventory must be conducted so as to be able to detect a leak or discharge of at least 1 percent of throughput on a monthly basis and must include all the following:

(i) The daily measurement of product and water levels in each tank for each day product is added or removed. Measurement of product levels may be made by a stick gauge reading. Water level measurements may be made by using water paste and a gauge stick. Electronic or mechanical level measuring devices which measure product and water levels are also acceptable. Product level and water levels are to be measured to the nearest one-eighth of an inch (1/8").

(ii) The measurement of product levels, before and after any deliveries.

(iii) Product dispensing is metered and recorded within Maine Department of Agriculture, Conservation and Forestry's weight and measure standards or an accuracy of six (6) cubic inches for every five (5) gallons of product withdrawn.

(iv) Daily reconciliation of tank measurements and pump meter readings shall be performed to determine daily loss or gain of product. The reading of pump meter readings and product delivery receipts shall not in itself constitute adequate inventory records.

(v) A log book shall be kept at the facility which includes each measurement and the initials of the individual taking and recording the pump meter readings and the actual product and water level measurements.

(b) All inventory data must be summarized monthly and must include the total cumulative loss or gain for the preceding month.

NOTE: See Appendix I for an example of a daily inventory data sheet. Practices described in the API Publication 1621, "Recommended Practice for Bulk Liquid Stock Control at Retail Outlets", may be used, where applicable, as guidance in meeting the daily inventory requirements of this Chapter.

(2) Statistical Inventory Reconciliation

(a) On or before October 13, 2018, the owner of each single-walled tank that does not have an automatic tank gauge system for leak detection shall be responsible for having a monthly statistical inventory reconciliation performed for each of the owner's tanks, and reporting the results of the reconciliation to the Commissioner on or before the 1^st day of eachmonth.The reconciliation must include an evaluation of the various sources of error present in daily inventory records, including the following:

(i) Identifying and removing large measurement errors;

(ii) Identifying unrecorded additions or removals of oil;

(iii) Detecting errors in metering oil from the tank;

(iv) Estimating the potential for temperature differential to induce spurious trends or conceal real trends;

(v) Establishing that residual errors contain no systematic components and reflect the normal errors of measurement;

(vi) Evaluating the quality of the data provided and the adequacy of operator procedures to detect leaks if present;

(vii) Identifying persistent daily physical loss which could be consistent with leakage; and

(viii) Determining values and dates for any delivery errors and any unexplained one time gains or losses.

(b) The report of the reconciliation results also must contain the following facility information:

(i) Name of the facility;

(ii) Municipality in which the facility is located;

(iii) Name of the owner;

(iv) Registration numbers assigned by the Commissioner to the facility and to the tanks;

(v) Certification by tank owner and the agent conducting the reconciliation that the results are true and accurate to the best of his or her knowledge; and

(vi) Dates of inventory data used in the reconciliation.

(c) The requirement for statistical inventory reconciliation must be met only if the inventory records submitted are capable of being analyzed with conclusive results. The following attributes constitute cause for invalidation of a reconciliation:

(i) Excessively large and other clearly erroneous measurements of inventory-on-hand;

(ii) Excessively large unexplained removals or additions of product;

(iii) Failure to take daily readings of inventory-on-hand;

(iv) Excessive data recording errors; or

(v) Evidence of the use of an incorrect conversion chart or persistent faulty gauging.

(d) A statistical inventory reconciliation resulting in an inconclusive finding due to poor quality product inventory readings, pump error, tank tilt or other reasons, must be red one following correction of likely errors, using new daily inventory data and submitted to the Commissioner within 30 days of receipt of the initial statistical reconciliation.

(e) All tank owners shall maintain the results of all statistical inventory reconciliation for each underground storage tank in accordance with section 5(D)(16). Only statistical inventory reconciliation by methods meeting the definition and performance standards of section 3 (JJJ) shall be accepted by the Commissioner.

(3) Operation and Monitoring Requirements for Galvanic Cathodic Protection Systems

(a) All galvanic cathodic protection systems must be operated and maintained to continuously provide adequate corrosion protection to the underground metal components of the facility routinely storing or containing oil, and in a manner that ensures no leaks occur during the operational life of the facility. Adequate corrosion protection is indicated by a cathodic protection test reading of at least negative 0.85 volts. Steel composite tanks without secondary containment and continuous interstitial space monitoring must comply with this requirement.

(b) Cathodically protected steel underground storage tanks or piping that fail to achieve the minimum level of adequate corrosion protection of negative 0.85 volts or less within six (6) months after a failing reading shall be properly abandoned in accordance with section 11 of this Chapter.

(c) All cathodically protected tanks and piping must have an accurate structure to soil potential reading performed upon installation or repair and annually thereafter. The cathodic protection testing must be conducted by a qualified Certified Underground Oil Storage Tank Installer or Inspector who is approved as a cathodic protection tester in accordance with Appendix M.

(d) When repairs to cathodic protection systems are made or underground work is performed at the site, the cathodic protection shall be monitored 6 to 12 weeks after such work has been completed, to assure that the system is functioning properly. Repairs must be conducted in accordance with Appendix A and must be documented on a form developed by the Commissioner and submitted to the Department within 30 days.

(e) Monitoring must be performed in accordance with the requirements of Appendix A.

(f) Repairs of a galvanic cathodic protection system must be completed by a Maine Certified Underground Oil Storage Tank Installer within 180 days of a failed test, and in accordance with section 5(D)(14).If anodes are added to a tank, the owner shall ensure that the Maine Certified Underground Oil Storage Tank Installer submits written documentation that all repairs were conducted in accordance with the recommended practices of STI or NACE, as applicable.

(g) The results of all monitoring and repairs must be kept in a log book in accordance with section 5(D)(16).

(4) Monitoring Requirements for Impressed Current Cathodic Protection Systems

(a) All impressed current cathodic protection systems must be operated and maintained to continuously provide adequate corrosion protection to all underground metal components of the facility routinely storing or containing oil, and in a manner that ensures that no leaks occur during the operating life of the facility. Adequate corrosion protection is indicated by cathodic protection tests, conducted in accordance with Appendix A.

(b) A monthly voltage reading and inspection of the rectifier meter on all facilities must be performed using the impressed current system of corrosion protection. All readings, inspection results and repairs must be recorded in a logbook, which must be kept in accordance with the record keeping requirements of 5(D)(16).

(c) A certified installer, or a certified inspector who has also been certified in accordance with Appendix M of this Chapter as a cathodic protection tester, shall measure the structure to soil and structure-to-structure potentials, the rectifier voltage and current output as part of an on-site test and inspection at least once per year.

(d) Repairs to an impressed current cathodic protection system must be supervised by a corrosion expert and adhere to NACE International Standards SP 0285 and SP 0169.

(5) Operation, maintenance and testing of in-line leak detectors. In-line leak detection devices must be maintained to properly operate in accordance with this Chapter at all times while the piping contains oil. The facility owner or operator shall ensure all in-line leak detectors are tested for proper operation in accordance with manufacturer instructions upon installation and at least once each calendar year thereafter. This test must include an assessment of proper operation by simulating a leak. Tests of in-line leak detectors must be conducted by a Certified Underground Oil Storage Tank Installer, or Inspector who is also certified by the manufacturer of the equipment, where such manufacturer certification is available. Improperly operating leak detectors must be repaired or replaced by a Certified Underground Oil Storage Tank Installer, within 30 days. A log of all tests, maintenance, and repairs must be maintained by the owner in accordance with the record keeping requirements of section 5(D)(16).

(6) Overfill and spill prevention

(a) The facility owner or operator shall ensure that a representative of the owner, operator or oil transporter is physically present during and monitors all product deliveries or transfers. The owner or operator or oil transporter must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made.

(b) Operation, maintenance and testing of overfill and spill prevention equipment. All overfill and spill prevention equipment must be maintained to properly operate at all times while the facility is in operation, and in accordance with the requirements of this Chapter. Overfill and spill prevention alarms and shutoff systems must be tested at least annually and recalibrated, if necessary, in accordance with manufacturer's instructions. Testing and recalibration must be conducted by a Maine Certified Underground Oil Storage Tank Installer, or Inspector who is also certified by the manufacturer of the equipment, if such manufacturer certification is available. Repairs of automatic overfill and spill prevention alarm and shutoff systems must be done by a Maine Certified Underground Oil Storage Tank Installer, or for certain minor repairs an Inspector in accordance with section 5(D)(14)(d), within 30 days. A log recording all tests, maintenance and repairs must be maintained by the owner in accordance with section 5(D)(16). Spill buckets must be kept clean of water and debris such that the spill buckets' full capacity is maintained and available to catch overfills. Spill buckets must be inspected and, if necessary, cleaned before and after each product delivery.

Loading rack catchment and containment systems at new and replacement bulk plants or other distribution facilities shall be maintained by the owner or operator in accordance with API Standard 2610 and to capture an overfill or spill incident of at least the largest single compartment of a tank car or tank truck loaded or unloaded at the facility.

(c) All tanks may only be filled by way of a liquid tight connection from the delivery vehicle in accordance with National Fire Protection Association (NFPA) 30-A section 9.2.

(d) The use of fuel delivery equipment or methods that bypass or prevent overfill equipment from functioning properly is prohibited.

(e) Containment sumps must be tested every three years in accordance with section 5(D)(18) by either a Maine Certified Underground Oil Storage Tank Installer or Inspector who is also certified by the manufacturer of the equipment, if such manufacturer certification is available. Testing must be conducted in accordance with manufacturer's instructions, or in accordance with PEI/ RP 1200 Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, or an alternate procedure approved by the Commissioner.

The following containment sumps are not required to be tested:

(i) Double walled dispenser, piping sumps, and spill buckets that are installed and maintained with continuous monitoring of the interstitial space of both walls (mechanical or electronic) that are checked for alarms at least weekly by an A/B operator, and annually by a Maine Certified Underground Oil Storage Tank Installer or Inspector;

(ii) Single-wall spill buckets located in a single or double wall sump which provides secondary containment for the spill bucket, and when the sump is monitored at least weekly by an A/B operator, and annually by a Maine Certified Underground Oil Storage Tank Installer or Inspector; and

(iii) Vapor recovery buckets.

(f) Liquids used in the testing must be managed and disposed of in accordance with Appendix T and all applicable local, state and federal requirements.

(7) General operation, maintenance and testing of leak detection equipment requirements

(a) All leak detection equipment must be maintained to operate at all times while the facility contains oil, and in accordance with the performance standards of this Chapter and the manufacturer's instructions.

(b) The owner or operator must perform weekly inspections. The weekly inspections must be performed in accordance with Operator Training for Underground Oil and Hazardous Substance Storage Facilities, 06-096 C.M.R. ch. 693, §5.

(c) The owner or operator of a facility with electronic leak detection equipment for tanks or piping must check for alarms at least weekly, and must maintain a log of the results at the facility in accordance with section 5(D)(16).

(d) Continuous automated or electronic leak detection equipment must be tested, including a determination that all leak detection sensors are functioning properly, at least annually and recalibrated if needed. All leak detection sensors must be individually tested for proper operation following the manufacturer's instructions. Sensors must be visually inspected for any damage. Each sensor must trip the alarm on the console to demonstrate the leak detection system is functioning properly. At least annually, conduct an inspection to determine that the probes and sensors are free ofresidue, the floats move freely, that the shaft is not damaged, and ensure that cables are free of kinks and breaks. Testing and recalibration must be conducted in accordance with the manufacturer's instructions by either a Maine Certified Underground Oil Storage Tank Installer, or Inspector who is also certified by the manufacturer of the equipment, if such manufacturer certification is available.

(e) Repairs of continuous, automated or electronic leak detection equipment must be conducted within 30 days by a Maine Certified Underground Oil Storage Tank Installer, or for certain minor repairs an Inspector in accordance with section 5(D)(14)(d). If the leak detection system is not properly operating within 30 days of discovery of a problem, the Commissioner must be notified in writing by the owner or operator.

(f) A log of all tests, maintenance and repairs must be maintained by the owner in accordance with section 5(D)(16).

(g) Test records must include at a minimum the following information: facility name, address and registration number, tank(s) and piping tested (tank number), test method used, test date(s), test's leak detection threshold, date and time of last product delivery, length of any applicable waiting period, product level during test, and the length of time of the test.

(8) Automatic tank gauging (ATG) systems

(a) Testing must be conducted at a tank capacity or a range of tank capacities as specified in the equipment manufacturer's instructions.

(b) ATG systems must monitor at the tank bottom for water level gains of more than 1/2 inch.

(c) ATG systems must be operated with a back-up system to preserve test data in the event of a power outage.

(d) ATG systems must print or record test results at least once every 30 days. Test records must be maintained in accordance with section 5(D)(16) and must include the test dates; the tests' leak detection threshold; water levels; the date and time of the last prior product delivery; the length of any applicable waiting period; product level; and test length. Annually the ATG and other controllers must be tested for proper operation, and the test must at a minimum include the following components and criteria: test alarm, verify system configuration, and test battery backup.

NOTE: Care should be taken to ensure that settings are not lost. It is a good practice to print out the ATG settings and keep them in a safe place in case power is ever lost or if they are accidentally erased. This would allow the settings to be easily reentered in accordance with manufacturer's instructions.

(9) Precision testing

(a) Results of all annual precision tests conducted to meet the annual leak detection requirements of section 5(C)(2)(a) for an existing facility and the requirements of section 5(F) for operating beyond the tank warranty, must be submitted to the Commissioner or the Commissioner's representative by the facility owner by July 1 of each year. Precision test results must also be maintained and be available for inspection in accordance with section 5(D)(16) of this Chapter. Each test record must contain the following information: facility name, address, and registration number; tank(s) and piping tested (tank number); tank volume and product stored; test method used; test date; test's threshold; length of waiting period; product level during test; the actual length of time to conduct test; and the name and certification number of the supervising certified installer, if required to be present by Appendix B.

(b) The Commissioner may require precision testing as defined in this Chapter of all tanks and piping at a facility showing evidence of a possible leak, as defined in section 5(D)(10) below, or where an actual oil discharge has been discovered.

(c) Results of precision tests conducted in follow-up to evidence of a possible leak and in accordance with section 12(B) of this Chapter, must also be submitted to the Commissioner by the person conducting the test.

(10) Evidence of a possible leak or discharge

(a) Evidence of a possible leak or discharge requires further investigation to determine if an actual discharge or leak has occurred, and includes, but is not limited to, any one of the following:

(i) Monitoring results from a facility's leak detection equipment or method indicating a possible leak, release or discharge.

(ii) Any unexplained loss or gain of 1.0 percent of the throughput of each storage system over a 3 0-day period, as indicated by the recording and reconciliation of daily inventory records.

(iii) Failure of a piping line tightness test, as defined in section 3 (TT) or a tank tightness test as defined in section 3 (LLL), which indicate a leak of 0.1 gallons per hour or greater.

(iv) Failure of a precision test as defined in section 3(VV), other than a piping or tank tightness test which indicates a loss or gain of 0.1 gallons per hour or greater.

(v) Unexplained losses detected through a statistical reconciliation of inventory records or an indication in the statistical inventory reconciliation that the inventory data provided were insufficient to perform an accurate reconciliation.

(vi) The excessive accumulation of water in a tank evidenced by a rise in water level of greater than one-half inch (1/2") for an 8 to 12 hour period, except where the cause of the water accumulation is storm water runoff intrusion and is promptly corrected.

(vii) Presence of water-product phase separation in a single-walled tank containing ethanol.

(viii) Reduced flow in a remote pumping system equipped with an in-line leak detector, unless the system returns to normal operating flows within one hour of the first discovery that day.

(ix) Pump hesitation, vibration, meter stripping or air elimination, attributable to a loss of prime for product lines, which operate under a suction system.

(x) Evidence of the presence of oil or water entering into the interstitial space of a secondary containment facility, or a significant drop in the liquid level of a hydrostatically monitored interstitial space as specified by the tank or leak detection equipment manufacturer's instructions.

(xi) Discovery of oil or an oil sheen in a piping sump or dispenser sump, whether or not cleaned up.

(xii) A failing precision or tightness test of a spill bucket, piping sump or dispenser sump.

(11) Leak or discharge reporting requirements

(a) A tank owner or operator shall report to the Commissioner as soon as possible, but no later than within 24 hours any evidence of a possible leak or discharge of oil, including but not limited to those listed in section 5(D)(10).

(b) A Certified Underground Oil Storage Tank Installer or Inspector finding evidence of a possible leak or discharge of oil must report it to the facility owner or operator, and the Commissioner, as soon as possible, but no later than within 24 hours of discovery.

(c) Actual oil leaks and discharges, whether or not cleaned up, shall be reported to the Commissioner by the facility owner or operator, and the Certified Underground Oil Storage Tank Installer or Inspector within two (2) hours of discovery. This 2 hour reporting requirement applies to, but is not limited to, the reporting of the following:

(i) Overfills not fully captured or contained by a spill bucket or sump;

(ii) Other spills;

(iii) Visual or olfactory evidence of oil in soil or water including, but not limited to, in a tank or piping excavation, nearby surface waters, or facility ground water monitoring well;

(iv) Oil or oil vapors on or under abutting properties, including nearby utility conduits, sewer lines, buildings, and drinking water supplies; and

(v) Soil and water contamination as defined in section 3(L), setting forth the definition of "contamination".

NOTE: TO REPORT A LEAK, SPILL OR OTHER DISCHARGE OF OIL, CALL TOLL FREE 1-800-482-0777.

(d) Notwithstanding the above, discharges of 10 or less gallons of oil that occur on the facility premises and above the surface of the ground onto a concrete or asphalt paved surface, and not reaching ground water or surface waters of the State need not be reported to the Commissioner if the owner or operator complies with all of the following requirements:

(i) The discharge is fully cleaned up within 24 hours of discovery.

(ii) A written log is maintained at the facility or the owner's place of business in accordance with section 5(D)(16), recording for each discharge the date of discovery, its source, the general location of the discharge on the facility, the date and method of cleanup, and the signature of the facility owner or operator certifying the accuracy of the log.

(iii) The spill log must be made available upon request within 24 hours for inspection by personnel and authorized agents of the Commissioner and the municipality.

(e) Under 38 M.R.S. §568(4)(A), any person who causes or is responsible for a discharge from an underground oil storage facility is not subject to any fines or civil penalties for the discharge if the person promptly reports and removes that discharge in accordance with the rules and orders of the Commissioner and the Board, except that a person who violates any laws or rules administered by the Department under 38 M.R.S. §§561 - 570 -M is subject to fines and penalties.

(12) Product compatibility. Only oil and petroleum products chemically and physically compatible with the materials, from which the tank, piping and other components of the facility routinely containing product are constructed, may be stored.

A facility owner who intends to store gasoline with more than 10 percent ethanol or diesel with more than 20 percent biodiesel or any other regulated substance identified by the Department, must provide written notification to the Commissioner at least 30 days before switching products. The facility owner must maintain documentation demonstrating that the facility is compatible with these oil products by one of the following methods:

(a) UL or other nationally recognized independent testing laboratory certification or listing approved by the Commissioner;

(b) A written statement of compatibility from the equipment or component manufacturer that indicates an affirmative statement of compatibility and specifies the range of biofuel blends the equipment or component is compatible with; or

(c) Another method demonstrating compatibility of facility components and equipment with the oil product to be stored and approved by the Commissioner.

Written documentation of facility and oil product compatibility shall be maintained at the owner's place of business for the life of the facility component or equipment.

(13) Interior relining of new and existing facilities

(a) Tanks may be relined provided that, prior to lining, the tank has passed a precision test and is free of perforations, except fiberglass tanks that have failed may be relined or repaired if the cause of failure will be completely repaired to the satisfaction of the Commissioner and a warranty is provided by the person performing the repairs. The warranty must be for a minimum of 10 years and must warranty the tanks against internal and external corrosion and structural failure. A fiberglass tank that once failed a precision test, and was subsequently lined, must be precision tested prior to be placed back in operation. If a fiberglass tank with a leak is lined, the tank must be properly abandoned pursuant to section 11 of this Chapter upon expiration of the warranty.

(b) The following requirements also apply to relining activities:

(i) After relining, fiberglass tanks must pass a precision test.

(ii) The material used as a liner must be compatible with the product to be stored in the tank.

(iii) The lining procedure must be performed in accordance with the procedures outlined in API Recommended Practice No. 1631.

(iv) Piping may not be relined.

(v) The owner of the facility shall amend the facility's registration in accordance with section 4(M) of this Chapter and maintain records of relining for the remaining operating life of the lined tank that demonstrate compliance with section 5(D)(13).

(14) Repairs other than relining

(a) Repairs are allowed in accordance with this paragraph to tanks and piping constructed of fiberglass, cathodically protected steel and other noncorrosive materials approved by the Commissioner.

(b) Repairs of corrosion induced or product incompatibility caused leaks are prohibited. Tanks and piping with corrosion or chemical reaction induced leaks must be closed in accordance with section 11.

(c) Repairs, other than those prohibited in paragraph(b) above, to fiberglass, cathodically protected steel and other approved noncorrosive material tanks and piping must be properly conducted by a BUSTI Certified Underground Oil Storage Tank Installer who is also certified by the manufacturer, or by the manufacturer's authorized representative under the supervision of a Maine Certified Underground Oil Storage Tank Installer. A Maine Certified Underground Oil Storage Tank installer must also be certified by the tank or piping manufacturer, when such manufacturer certification is available, to conduct a repair on a tank or piping without a representative of the manufacturer, so noto void the manufacturer warranty.

(d) Repairs of a facility leak detection system, overfill prevention equipment or other ancillary equipment including containment sumps must also be conducted by an underground oil storage tank installer certified by the BUSTI and by the manufacturer of the equipment being repaired, when such manufacturer certification is available.

The following minor repairs of existing equipment or components, when not requiring excavation, may be conducted by an underground oil storage tank inspector certified by the BUSTI and by the manufacturer of the equipment being repaired, when such certification by the equipment manufacturer is available:

(i) Replacement of a defective mechanical or electronic line leak detector with one of the same design;

(ii) Replacement of a drop tube;

(iii) Replacement of a drop tube overfill prevention device with one of the same design; and

(iv) Replacement of a leak detection system sensor or control panel with one of the same make and model.

(e) Containment sumps must be tested for tightness immediately following a repair in accordance with Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI RP 1200, the manufacturer's instructions, or an alternative procedure approved by the Commissioner. If the repair consists only of replacement of a lid, sump testing is not required.

(f) Tank and piping repairs are to be conducted in accordance with manufacturer specifications or in accordance with the National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code".

(g) Repairs jeopardizing the manufacturer's original warranty are prohibited.

(h) Repaired tanks and piping must be tested before going back into operation, in accordance with the manufacturer's instructions.

(i) Repairs to a cathodic protection system must be conducted in accordance with the NACE International Standard Practices SP 0285 and SP 0169, and in accordance with the following requirements:

(i) Field coated cathodically protected steel underground piping may not be repaired and must be properly abandoned in accordance with section 11, except for broken wiring;

(ii) Repairs to a galvanic cathodic protection system must be conducted by a Certified Underground Oil Storage Tank Installer; and

(iii) Repairs to an impressed current, cathodic protection system must be supervised by a corrosion expert and a Maine Certified Underground Oil Storage Tank Installer.

(j) Within 6 to 12 weeks of a repair to a cathodic protection system, the owner or operator shall have the system tested by a Certified Underground Oil Storage Tank Installer, or Certified Inspector also certified as a cathodic protection tester in accordance with Appendix A.

(k) Owners must maintain records of each repair of the type listed insection 5(D)(14) for the remaining life of the facility.

(15) Financial responsibility requirements

(a) The owner or operator of a new, replacement or existing tank or facility shall demonstrate to the Commissioner that the owner or operator has the ability to assure the costs of corrective action and for compensating third parties for bodily injury, property damage and loss of income caused by sudden and non-sudden releases, leaks or discharges from an underground oil storage facility. For the purposes of (b) and (c) below, an underground oil storage tank means a single containment unit and does not mean combinations of single containment units.

(b) Owners or operators shall maintain an ability to assume financial responsibility in accordance with this Chapter in at least the following per-occurrence amounts.

(i) Owners or operators of all marketing or distribution facilities and motor fuel facilities that handle an average of more than 10,000 gallons of oil per month based on the previous year's throughput shall maintain $1 million.

(ii) All other owners or operators of marketing, distribution and motor fuel underground oil storage facilities shall maintain $500,000.

(c) Owners or operators shall maintain an ability to assume financial responsibility in accordance with this Chapter in at least the following annual aggregate amounts.

(i) For owners or operators of one (1) to 100 tanks, $1 million; and

(ii) For owners or operators of 101 or more tanks, $2 million.

(d) The amounts of assurance required under this section exclude legal costs.

(e) All references below to the EPA's financial responsibility regulations are from the July 1, 2018 version of Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 C.F.R. pt. 280. The definitions contained in 40 C.F.R. § 280.92 as well as the drawing on financial assurance mechanisms of 280.112 are also incorporated. The definition for "occurrence" in section 3 (NN) of this chapter is adopted in lieu of the definition of "occurrence" in 40 C.F.R. § 280.92.

(f) A facility owner or operator may use any one or combination of the financial responsibility mechanisms listed below in meeting the requirements of paragraphs a through d above and EPA's financial responsibility requirements for underground storage tanks containing petroleum:

(i) Self insurance meeting the financial test of self insurance under 40 C.F.R.§ 280.95;

(ii) Guarantee meeting the requirements of 40 C.F.R. § 280.96;

(iii) Liability insurance or risk retention group coverage meeting the requirements of 40 C.F.R. § 280.97;

(iv) Surety bond meeting the requirements of 40 C.F.R. § 280.98;

(v) Letters of credit meeting the requirements of 40 C.F.R. § 280.99;

(vi) Trust fund meeting the requirements of 40 C.F.R. § 280.102; or

(vii) The Maine Ground and Surface Waters Cleanup and Response Fund in accordance with the eligibility requirements and financial assurance limits of the Oil Discharge Prevention and Pollution Control Law,38 M.R.S. §551 and the Oil Storage Facilities Groundwater Protection Law, 568-A, in combination with one or more of the other above mechanisms to assure full coverage of third party damage liability in accordance with the minimum financial assurance requirements of sections 5(D)(15)(a) and 5(D)(15)(b) above.

(viii) Standby trust fund meeting the requirements of 40 C.F.R. § 280.103 when an owner or operator uses any one of the mechanisms authorized by 40 C.F.R. §§ 280.96 (guarantee), 280.98 (surety bond), or 280.99 (letter of credit). This standby trust fund must be established when the financial assurance mechanism is acquired. The trustee of the standby trust fund must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the state in which the fund is established.

(g) Municipalities, counties, school administrative districts and Indian tribes may use, in addition to the mechanisms listed in paragraph (f) above, any one or combination of the following financial assurance mechanisms:

(i) Local government bond rating test in accordance with 40 C.F.R. § 280.104;

(ii) Self insurance when meeting the local government financial test and the provisions of 40 C.F.R. § 280.105;

(iii) Local government guarantee meeting the requirements of 40 C.F.R. § 280.106; and

(iv) A local government dedicated trust fund meeting the requirements of 40 C.F.R. § 280.107.

(h) An owner or operator may replace one financial assurance mechanism for another, provided that at all times the owner or operator maintains an effective financial assurance mechanism or combination of mechanisms that satisfy the requirements of this section 5(D)(15).

(i) Financial assurance mechanisms may be canceled or not renewed in accordance with 40 C.F.R. § 280.109.

(j) The facility owner or operator shall maintain financial responsibility records at the facility or at the owner's place of business in accordance with 40 C.F.R. § 280.111.

(k) In the event of bankruptcy or other financial responsibility incapacity of the facility owner or operator, or a provider of financial assurance; the notification and financial responsibility replacement requirements of 40 C.F.R. § 280.114 must be met.

(l) An owner or operator is no longer required to maintain financial responsibility under this Chapter after a tank or facility has been properly and permanently closed in accordance with section 11 of this Chapter, and if corrective action is required by the Commissioner, after the corrective action has been completed to the Commissioner's satisfaction and in accordance with section 12 and other rules or orders of the Commissioner and Board.

(m) If at any time a standby trust is funded upon the instruction of the Department with funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage required, the owner or operator shall replenish the value of financial assurance to equal the full amount of coverage required or acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

(n) An owner or operator may use self insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under this Chapter, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.

(o) The Commissioner may require an owner or operator to submit evidence of financial assurance as described in 40 C.F.R. § 280.110 and 280.111(b) or other information related to compliance with the financial responsibility requirements at any time.

(16) Maintenance of records. All logs, monitoring results and other records required by this section must be maintained for a minimum of three (3) years. Except where specifically stated otherwise, facility records must be kept at the facility or the owner's primary place of business, and made readily available to the Commissioner, the Commissioner's representatives and agents, and municipal officials within 48 hours.

(17) Annual compliance inspection requirements. The owner of a facility is responsible for ensuring that the entire facility is inspected annually for compliance with the applicable requirements of this Chapter, 38 M.R.S. §§561 - 570 -M, and Department rules regarding stage I gasoline balance systems contained in Gasoline Dispensing Facilities Vapor Control, 06-096 C.M.R. ch. 118, where applicable. The owner shall have any deficiencies detected during an inspection corrected as necessary to bring the facility into compliance with the requirement cited above.

The first annual inspection for a new facility must be conducted no later than 12 months after the date the installation is certified as complete.

For all existing facilities, the facility owner shall submit annual inspection results to the Commissioner on each July 1st, unless the Department agrees to an alternate schedule for submittal that is no less frequent than once every 12 months.

The inspection results must be recorded on a form provided by the Commissioner and must include a certification statement, signed by an underground oil storage tank installer or inspector certified by BUSTI. The statement must certify that the entire facility was inspected and any deficiencies discovered have been corrected. Inspection and correction records must also be maintained in accordance with section 5(D)(16).The owner shall submit the completed form to the Department no more than 30 days after the date on which the inspection was completed.

At least once every 3 years thereafter, the annual inspection of each tank must be performed by a Certified Underground Oil Storage Tank Installer or Inspector who is not the tank owner or operator, an employee of the tank owner or operator or a person having daily on-site responsibility for the operation and maintenance of the tank.

(18) Containment sump testing requirements. The owner of a facility is responsible for ensuring that all sumps are tested every 3 years. In addition, a sump must be tested upon installation and completion of any repairs to ensure the containment sump is liquid tight. Containment sumps must be tested in accordance with Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI RP 1200, the manufacturer's instructions, or an alternative procedure approved by the Commissioner. The compliance schedule as specified below shall be based upon the date of the oldest tank at the facility. The owner shall have any failures detected during testing corrected as necessary within 30 days to ensure the containment sump is liquid tight except as provided in 5(D)(18)(e) below.

The facility owner shall submit all containment sump test results to the Commissioner within 30 days after the date on which the testing was completed. If an individual passing containment sump test was completed within 6 months of the 3-year testing schedule, this early test may satisfy the 3-year containment sump testing requirement. The sump test results for all containment sumps (including any completed 6 months previous to the 3-year testing timeframe) must be reported on a single 3-year containment sump test results form. The 3-year testing timeframe will remain unchanged irrespective of any early testing of an individual containment sump.

(a) Test results for containment sumps that were installed before October 13, 2018 must be submitted on the following schedule and every 3 years thereafter:

(i) For tanks installed in sensitive geologic areas prior to January 1, 1995, submit results for containment sump testing by December 1, 2019;

(ii) For tanks installed in non-sensitive areas prior to January 1, 1995, submit results for containment sump testing by December 1, 2020;

(iii) For tanks installed in sensitive geologic areas between January 1, 1995 and October 13, 2018, submit results for containment sump testing by August 1, 2021; and

(iv) For tanks installed in non-sensitive areas between January 1, 1995 and October 13, 2018, submit results for containment sump testing by December 1, 2021.

(b) Containment sumps for tanks installed after October 13, 2018 must be tested upon installation and at least every three years after the installation is complete. The sensor, must be programmed to sound an alarm, and a sensor may be installed that will shut off the relevant dispenser.

NOTE: When all tanks are removed at a site and new tanks are installed, a new 3 year containment sump testing schedule would begin in accordance with section 5(D)(18)(b) above.

(c) The test results must be recorded on a form provided by the Commissioner and must include a certification statement, signed by an underground oil storage tank installer or inspector certified by BUSTI. Such certification must certify that all containment sumps were tested and any deficiencies discovered have been corrected. Inspection and repair records must be maintained in accordance with section 5(D)(16).All repairs must be completed prior to the reporting deadline.

(d) The Department may on a case by case basis require low level tightness testing (sump floor to 4 inches above the sensor) or high level tightness testing (sump floor to 1 1/2 inches below the top of spill bucket or 4 inches above the highest penetration or seam in the sidewall for other sumps) of containment sumps, and/or may require single-wall containment sumps to be equipped with leak detection sensors that will shut off electrical power to the dispenser of any containment sump that is not being properly monitored, or is not liquid tight.

(e) If a tank top, dispenser, or piping containment sump cannot pass the high level tightness test and repairs or replacement cannot occur within 30 days, a low level tightness test must be conducted. The low level test is conducted in accordance with PEI RP 1200, except that the sump test fluid is added to 4 inches above the sensor. An electronic sensor must be installed that is tied to a pump interface to shut down the relevant submersible pumps (pressure systems) or the suction pumps (suction systems) in the event that a leak is detected. This sensor must shut down all submersible/suction product pumps entering the affected containment sump. If the containment sump does not pass a low level tightness test, the sump must be repaired or replaced within 30 days or an alternative schedule approved by the Department.

A containment sump operating under a passing low level tightness test must be:

(i) repaired within 120 days of the failing high level tightness test, or

(ii) replaced within 180 days or an alternate schedule approved by the Department, of the failing high level tightness test.

NOTE: Under 38 M.R.S. §565-A, the Commissioner may issue an administrative order to enforce the annual inspection requirements above. Such orders may include ceasing receipt of product deliveries to, and the overall operation of, the portion of the facility in violation of this requirement.

(19) Safe excavation requirements

(a) This section applies to excavation activities on the facility premises and associated with its operation and maintenance.

(b) To ensure adequate protection of public safety and the maintenance of the structural integrity of the facility in accordance with the requirements of this Chapter, the owner of a facility shall have a Certified Underground Oil Storage Tank Installer present to supervise the excavation and replacement of a concrete pad, back fill, or soil within 10 feet of an underground oil storage tank or facility product piping. The Certified Underground Oil Storage Tank Installer shall be present at all times when such work is being performed. No person other than a Certified Underground Oil Storage Tank Installer may supervise the above activities.

(c) The underground oil storage tank installer shall have the appropriate class of certification in accordance with 32 M.R.S. §§10001 - 10016.

(d) In accordance with NFPA 30 and 30-A, no excavation, or other activities that may act as a source of ignition of flammable vapors at a Class 1 liquid dispensing facility shall occur within 20 feet of the fueling dispenser hose and nozzle when fully extended, unless the electrical power supply to the dispenser has first been turned off and all fueling operations from that dispenser have ceased.

(e) A written record must be maintained by the facility owner of the excavation date(s) and location, and the name and certification number of the supervising underground oil storage tank installer.

NOTE: Any discharge caused by or discovered in the course of an excavation must be reported in accordance with section 5(D)(11).

E.Facility closure and abandonment. The closure, abandonment or temporary discontinuance of service of a facility or any part thereof must be conducted in accordance with section 11.

F.Mandatory facility closure upon expiration of warranty. In accordance with 38 M.R.S. §564(5), a tank and its associated piping must be taken out of operation and properly abandoned in accordance with section 11 upon the expiration date of the tank warranty unless the tank, its associated piping and other facility components meet the requirements of this section. For the purpose of this subsection, when the length of the tank warranty is either unknown or the tank was installed after January 1, 2008, the tank will be deemed to have a tank warranty of 30 years from the date of installation.

NOTE: Many steel USTs sold and installed after January 1, 2008 only have a 10 year tank warranty unless the owner purchased an additional 20 years of warranty from manufacturer.

(1) Double-walled tanks. A double-walled tank may remain in service up to 10 years beyond the expiration date of its original tank warranty if the facility meets the following requirements:

(a) The tank interstitial space and its associated piping, spill bucket and sumps pass a precision test in the 6 months immediately prior to the expiration of the warranty. Testing must be conducted in accordance with the requirements of Appendices B and T;

(b) Single-walled pressurized piping connected to the tank is replaced with single-walled safe suction piping or with double walled piping and leak detection meeting the requirements of sections 5(B) and (D);

(c) The tank and its associated piping and other facility components are equipped and operated in accordance with the requirements for leak detection monitoring, overfill protection and spill protection in accordance with sections 5(B) and 5(D);

(d) A passing annual inspection report has been submitted to the Commissioner in accordance with section 5(D)(17) in the 12 months immediately preceding the expiration date of the tank's original manufacturer warranty, and there is no continuing unexplained evidence of a possible leak;

(e) The facility registration is amended in accordance with section 4(M); and

(f) The tank interstitial space and associated piping, spill bucket and sumps pass an annual precision test in the 6^th, 7^th, 8^th and 9^th year following the expiration of the tank warranty.

(2) Corrosion-resistant single-walled tanks. A single-walled tank constructed of fiberglass, cathodically protected steel or another equally noncorrosive material approved by the Commissioner and has not been out of service for more than 12 consecutive months may remain in service up to 10 years beyond the expiration date of the original tank warranty when the tank is retrofitted with secondary containment and meeting the following requirements:

(a) The original tank and its associated piping, spill bucket and sumps pass a precision test in the 6 months immediately prior to the expiration of the tank warranty;

(b) A passing annual inspection report has been submitted to the Commissioner in accordance with section 5(D)(17) in the 12 months immediately preceding the expiration date of the tank's original manufacturer warranty, and there is no continuing unexplained evidence of a possible leak;

(c) The facility registration is amended in accordance with section 4(M);

(d) Prior to submitting the registration amendment and initiating the required tank retrofit, a site assessment is conducted in accordance with the below items to determine whether oil contamination from historical discharges underlies the tank:

(i) A soil boring is installed into the ground water table or to first refusal, whichever is shallower, and as close as feasible to, but no further than 10 feet from the tank, on all four sides;

(ii) A Maine Certified Underground Oil Storage Tank Installer must be present to supervise the installation of the borings in accordance with section 5(D)(19);

(iii) As the borings are advanced, soil samples must be collected and screened continuously using a field analytical method for oil in soils approved by the Commissioner;

(iv) One soil sample from above the ground water table with the highest screening result must be collected for laboratory analysis using the Massachusetts Department of Environmental Protection Petroleum Hydrocarbon Fractions Analytical Method, Version 1.1,2004, for volatile and extractable petroleum hydrocarbons, as applicable, based on which types of oil were historically stored in the tank;

(v) A ground water sample must be collected from each boring in which ground water is encountered for field evaluation for the presence of free product;

(vi) Evidence of a possible leak or discharge of oil is reported by the facility owner or operator within 24 hours of discovery in accordance with Appendix P; and

(vii) Submission of the testing results and their interpretation by a Maine certified geologist or licensed professional engineer with the facility registration amendment.

(e) The secondary containment retrofit system is constructed and installed in accordance with UL Standard 1316 or UL 1856;

(f) The tank secondary containment retrofit system is installed in accordance with the manufacturer's specifications and by a manufacturer certified installer or representative in collaboration with a Maine Certified Underground Oil Storage Tank Installer;

(g) The tank and its associated piping and other facility components are equipped and operated in accordance with the requirements for leak detection monitoring, overfill prevention and spill prevention under sections 5(B) and 5(D);

(h) The cathodic protection system of steel tanks continues to be maintained and monitored in accordance with section 5(D) except for self-structural retrofit systems;

(i) Prior to the expiration of the original tank warranty, single-walled pressurized piping connected to the tank is replaced with piping and leak detection monitoring meeting the requirements of section 5(B) and 5(D); and

(j) The tank interstitial space and associated piping, spill bucket and sumps pass an annual precision test in the 6^th, 7^th, 8^th and 9^th year following the expiration of the original tank warranty.

(3) Precision testing required to allow a tank to remain in service after the expiration of the original manufacturer warranty must be conducted and the results reported to the Commissioner in accordance with section 5(D) and Appendix B. Passing precision test results must be submitted as part of the facility registration amendment. Precision testing as specified in paragraphs 1 or 2 above is not required of a double-walled tank monitored by a continuous hydrostatic or vacuum leak detection system meeting the requirements. The piping, however, must be tested as required above.

(4) Delayed facility closure and abandonment. Upon expiration of the extended tank operating life provided under this subsection, the tank and the associated piping installed 10 or more years prior are to be abandoned in accordance with section 11 of this Chapter.

06-096 C.M.R. ch. 691, § 5