06- 096 C.M.R. ch. 691, § 6

Current through 2024-51, December 18, 2024

Section 096-691-6 - Regulation of heating oil facilities used for consumption on the premises or by the owner or operator

A.Applicability

(1) This section applies to all underground heating oil or process oil storage facilities used for consumption on the premises or by the owner or operator of the facility.

(2) This section does not apply to motor fuel, marketing, distribution facilities, waste oil facilities, field constructed tanks or heavy oil facilities except where specifically stated otherwise.

B.Design and installation requirements for new and replacement facilities

(1) General design requirements

(a) The installation of new or replacement tanks and piping constructed of bare steel or asphalt coated steel is prohibited.

(b) All new and replacement tanks must be constructed of fiberglass reinforced plastic (hereafter referred to as fiberglass), cathodically protected steel, or other noncorrosive material approved by the Commissioner. Piping and other below ground ancillary equipment in contact with soil or water must be constructed of fiberglass, cathodically protected steel or other equally 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 and meet or exceed the required performance standards listed below in this paragraph.

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

* Fiberglass Tanks -

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

* ULC S615, Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids;

* Cathodically Protected Steel Tanks-

* STIsti-P3^®Specification and Manual for External Corrosion Protection of Underground Storage Tanks;

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

* ULC S603, Standard 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;

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

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

* PEI RP-100.

* Steel Clad or Jacketed Tanks -

* UL 1746;

* STI Composite Tank Standard (F894-02); or

* STI Specification F922, STI Specification for Permatank;

* Non-Metallic and Fiberglass Piping -UL Standard 971, Standard for Non-metallic Underground Piping for Flammable Liquids, or ULC Standard S660, Standard for Non-metallic Underground Piping for Flammable Liquids. Pipe Connectors -UL Standard 567.

* Flexible Connectors -ULC Standard ULC/CAN -S633.

* Steel Piping -

* NFPA 30 or 31;

* 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;

* STIR 982, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Petroleum Storage and Dispensing Systems; or

* API Publications 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.

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

(iii) Impressed current cathodic protection systems shall be designed by a corrosion expert and according to standards described in the NACE Standard Practices SP 0285 and SP 0169, and installed under the supervision of a corrosion expert. Other portions of the facility may be installed by a Maine Certified Underground Oil Storage Tank Installer without such supervision.

(c) Used or previously installed fiberglass or cathodically protected tanks may not be re-installed unless the owner has supplied the Commissioner with satisfactory documentation that the manufacturer will warranty the tanks against internal and external corrosion and structural failure, for a period of at least 10 years, after which the tanks 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.

(d) All facility construction materials must be chemically and physically compatible with the product to be stored.

(2) Leak detection. All new and replacement facilities must be provided with secondary containment for all facility components routinely containing product, including tanks, product piping (including supply and return lines) and below ground ancillary equipment. New and replacement tanks and product piping must have continuous interstitial space monitoring. Interstitial space monitoring for heating oil facilities must be able to detect a loss or gain in the interstitial space from a leak in primary or secondary containment structure. Leak detection probes are to be installed at the lowest point of each leak monitoring location.

(3) Overfill and spill prevention equipment. New and replacement tanks with a capacity in excess of 1,100 gallons must have the following spill and overfill prevention equipment:

(a) A liquid tight spill catchment basin, sealed around each tank fill pipe and having a minimum capacity of 15 gallons to collect spillage during product delivery; and

(b) Overfill prevention equipment that will automatically shut off flow into the tank when the tank is no more than 95 percent full, or 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. The use of ball float valves for overfill prevention is prohibited on a tank that will receive pressurized oil deliveries because of the danger of rupturing the tank or overfilling the fill pipe. The installation of ball float valves is prohibited after October 13, 2018.

(c) All tanks may only be filled by way of liquid tight connection from the delivery vehicle.

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

(4) General installation requirements for new and replacement facilities

(a) No underground oil storage facility or tank may be installed unless the facility has been registered in accordance with section 4.

(b) 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 in accordance with 32 M.R.S. §§ 10001 - 10016 and has paid the required certification fee.

(c) A Certified Underground Oil Storage Tank Installer may not install an underground storage tank 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.

NOTE: No person may connect an underground storage tank used to store heating oil to a boiler or furnace unless that person is a master oil burner technician or a journeyman oil burner technician working under the supervision of a master oil burner technician licensed by the Maine Fuel Board,32 M.R.S. §§18131 - 18144, and rules administered by the Maine Fuel Board.

(d) If a tank is replaced, all associated underground piping not meeting the design requirements of this Chapter must be replaced. Any replacement piping must be designed and installed in accordance with this Chapter. If product piping is replaced and structural damage to the associated tank has occurred, impairing its physical integrity, the associated tank must also be replaced if not constructed of fiberglass, cathodically protected steel, or other noncorrosive materials approved by the Commissioner. 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.

(e) An accurate structure to soil potential measurement must be performed by a Certified Underground Oil Storage Tank Installer or a certified cathodic protection tester in accordance with Appendix A upon installation of all galvanic cathodic protection systems.

(f) All phases of the installation of an impressed current cathodic protection system must be supervised on-site by 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.

(g) No underground oil storage tank or piping may be installed within 1 foot of the bedrock surface.

(h) Leak detection and overfill/spill prevention alarms and shutoff equipment must be installed and operational prior to the start of the facility's operation and in accordance with manufacturer specifications, including proper calibration of electronic equipment.

(i) Certification of installation. Owners of new and replacement facilities shall ensure that the installers certify to the Commissioner, within 30 days of completion of installation, that the facility materials, design and installation comply with the requirements of this Chapter. This certification must be provided in writing on a form provided by the Commissioner.

(j) The facility owner shall ensure that no permanent structures, underground utilities or other objects are installed or constructed in proximity to the tank if such structures, utilities or other objects will impede safe removal of 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) All tanks must be installed in conformance with the requirements of Appendix D.

(b) All tanks must be installed in accordance with the manufacturer's instructions.

(6) Installation requirements for new and replacement piping.

(a) All underground piping in contact with soil or water must be installed in conformance with Appendix E.

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

(i) For #1 and #2 heating oil facilities, copper piping meeting, the requirements of National Fire Protection Association Code 31, Installation of Oil Burning Equipment, may be used for supply and return lines. All connections between a cathodically protected steel tank and the copper piping must incorporate dielectric fittings that electrically isolate the tanks from the piping.

(ii) Schedule 40 polyvinyl chloride (PVC) piping may be used for secondary containment for #2 heating oil facilities if it is at least twice the diameter of the internal piping.

(iii) When installing copper piping inside fiberglass, PVC or other piping to provide secondary containment, supply and return lines must be provided with spacers to separate the lines and prevent wear due to vibration and friction.

NOTE: Primary pipe spacers can be provided by using 6-inch lengths of 1/4 inch thick polyethylene foam tubing insulation placed every 10 feet of pipe.

(iv) It is the responsibility of the facility owner to demonstrate to the satisfaction of the Commissioner the materials are noncorrosive.

(v) All new or replacement non-metallic piping must be listed by UL and installed in accordance with manufacturer instructions. Cathodically protected piping must be constructed and installed in conformance with the National Association of Corrosion Engineers, Standard Practice, Publication No. SP 0285, or STI Standard RP 892.

(vi) 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 space monitoring. Where secondary containment with interstitial space monitoring is not technically feasible, another leak detection system may be used upon prior approval of the Commissioner.

C.Operation, maintenance, testing and inspection requirements for new, replacement and existing facilities

(1) The owner or operator shall report any evidence of a possible leak or discharge, as defined in section 5(D)(10) to the Commissioner within 24 hours of discovery. A Certified Underground Oil Storage Tank Installer or Inspector finding evidence of a possible leak or oil discharge 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. Actual oil leaks and discharges as defined in section 5(D)(11) 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.

Notwithstanding the above, discharges of 10 or less gallons of oil that occur on the premises and above the surface of the ground onto a concrete or asphalt paved surface, and that do not reach 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:

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

(b) A written log is maintained at the facility or the owner's place of business 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.

(c) The log is readily available for inspection upon request by personnel and authorized agents of the Commissioner within 24 hours.

NOTE: To report a leak or discharge at any time 24 hours a day, 7 days a week, call 1-800-482-0777.

(2) If a facility has a cathodic protection system, it must be operated, monitored and maintained in accordance with section 5(D)(3) or (D)(4).

(3)

(a) For existing facilities with ground water monitoring wells for leak detection, the monitoring wells must be checked weekly by withdrawing a sample from each monitoring well on site and examining the sample visually for a sheen or other evidence of oil, and by smelling the sample for the odor of "oil. "Weekly sampling shall be performed in accordance with the procedures required in Appendix H, and the results recorded in a logbook.

NOTE: A sample log sheet is provided in Appendix H.

(b) Upon discovery of any evidence of a possible leak or discharge as defined in section 5(D)(10) of this Chapter, the owner of the tank shall notify the Commissioner as soon as possible but not later than 24 hours from the time of discovery. The tank owner shall then obtain samples from all ground water monitoring wells for laboratory analysis in accordance with the procedures required in Appendix H. Investigation and corrective action requirements of section 12 of this Chapter must be followed.

(c) Where laboratory analysis is required, all monitoring wells must be sampled and the samples analyzed in accordance with the requirements of Appendix S of this Chapter. The results of all hydrocarbon analysis must be maintained in accordance with section 5(D)(16).The detection of hydrocarbons in concentrations exceeding the laboratory reporting limits must be reported to the Commissioner by the facility owner or operator as soon as possible, but not later than 2 hours from the time of discovery.

(4) The owner or operator of a facility with electronic leak detection equipment for tanks or piping shall check for alarms at least monthly, and maintain a log at the facility, including the date, the presence or absence of evidence of a leak or discharge and the name of the individual conducting the test.

(5) Continuous interstitial space or other continuous leak detection monitoring equipment must be maintained in accordance with section 5(D).

(6) The owner or operator shall operate and maintain the spill prevention and overfill prevention equipment to ensure it is operating properly at all times in accordance with the requirements of section 5(D).

(7) The owner or operator shall operate and maintain the cathodic protection systems in accordance with the requirements of section 5(D).

(8) Tanks only may be relined in accordance with section 5(D)(13). Other facility repairs must be conducted in accordance with section 5(D)(14).

(9) Oil product may not be stored in a facility of a design or construction with which it is not chemically or physically compatible.

(10) The owner shall conduct an annual compliance inspection of the facility, correcting any deficiencies found, in accordance with section 5(D)(17).

(11) Underground oil storage tanks connected to a heating system that also uses an alternative fuel must be designed and operated in accordance with this Chapter including the annual inspection requirement, and must be ready to operate. The underground oil storage tank system must be connected to the burner and the burner must be operated at least once per year to remain in service.

(12) Maintenance of records. All facility records and logs required by this Chapter must be maintained and available in accordance with section 5(D)(16).

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

06- 096 C.M.R. ch. 691, § 6