06- 096 C.M.R. ch. 691, § 8

Current through 2024-51, December 18, 2024

Section 096-691-8 - Regulation of field constructed underground oil storage tanks

A.Applicability

This section applies to all field constructed underground oil storage tanks constructed of steel, concrete, fiberglass and other materials.

NOTE: Owners and operators of field constructed underground oil storage tanks should also review section 13 for additional requirements for any associated aboveground oil storage tanks.

B.Design and installation requirements for new and replacement tanks

(1) General design requirements

(a) Bare steel and asphalt coated steel tanks are prohibited.

(b) Concrete, fiberglass and riveted steel tanks are prohibited.

(c) All new and replacement steel tanks must be cathodically protected and coated with a suitable dielectric material. The cathodic protection system must be designed by a corrosion expert to adequately protect all parts of a tank from corrosion by maintaining a negative structure to soil potential of at least 0.85 volts. Cathodic protection systems must be designed in accordance with NACESP 0285 "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection".

(d) New and replacement steel tanks must be designed by a professional engineer in compliance with Maine's professional regulation statute, and constructed in accordance with UL Standard 1746, "Corrosion Protection Systems for Underground Storage Tanks", and API Standard 650 "Welded Steel Tanks for Oil Storage".

(e) Piping connected to field constructed tanks must be designed and constructed in accordance with the requirements of sections 5, 6, 7, 9 or 10 depending on type of facility and piping system proposed.

(f) Tank systems must be constructed of materials that are chemically and physically compatible with the products stored in accordance with section 5(B)(1)(b).

(g) In addition to the requirements and codes of practices listed in this section, owners and operators may use the military construction criteria, Unified Facilities Criteria (UFC) 3-460-01, Design: Petroleum Fuel Facilities when designing, constructing, and installing underground oil storage tank systems with field-constructed tanks.

(2) Leak detection. All new and replacement field constructed tanks must be provided with secondary containment and continuous interstitial space monitoring.

(3) Overfill and spill prevention equipment. New and replacement tanks must be installed with overfill and spill prevention equipment in accordance with section 5(B)(3) or section 6(B)(3) depending on facility type.

(4) General installation requirements

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

(b) New and replacement field constructed tanks shall be assembled and installed according to good engineering practices under the surveillance of a professional engineer licensed in Maine or otherwise working in compliance with the rules for Professional Engineers adopted pursuant to, 32 M.R.S. §§1351 - 1362. The engineer shall be responsible for supervising all phases of assembly and installation. At least 60 days prior to tank registration, design and installation plans must be submitted to the Commissioner for review and approval. The plan must include, at a minimum:

(i) Secondary containment and leak detection installation details;

(ii) Overfill and spill prevention equipment installation;

(iii) Anchoring;

(iv) Excavation and backfill specifications; and

(v) Cathodic protection system installation.

(c) Installation of the cathodic protection system must be supervised by a corrosion expert.

(d) If a tank is replaced, all associated piping not meeting the design and installation requirements of this section must be replaced except if the piping is part of an airport hydrant piping system. If product piping attached to a field constructed tank is replaced and structural damage to the associated tank has occurred impairing its physical integrity, the tank also must be replaced if not designed and installed in accordance with this section.

(e) Certification of proper installation. Owners of new and replacement facilities shall ensure that the project engineer certifies to the Commissioner, within 30 days of completion of installation; that the facility materials, design and installation are in compliance with the requirements of this Chapter. This certification must be provided in writing on a form provided by the Commissioner.

(f) 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.

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

(1) Tanks that are part of a motor fuel, marketing or distribution facility must be operated in accordance with section 5(D), except that the requirements of sections 5(D)(1) and (2) do not apply.

(2) Tanks that are part of a heating oil facility for consumptive use by the owner or operator must be operated in accordance with section 6(C).

(3) Tanks that are a part of a waste oil facility must be operated in accordance with section 7(C).

(4) Notwithstanding the above, repairs must be conducted in accordance with sections 5(D)(13) and (14), except that a repair may be designed by and conducted under the surveillance of a professional engineer in accordance with Maine's professional regulation statutes.

(5) The owner shall conduct an annual facility compliance inspection and correct any deficiencies found in accordance with section 5(D)(17).

(6) The owner shall have designated, trained and certified operators as set forth in Operator Training for Underground Oil and Hazardous Substance Storage Facilities, 06-096 C.M.R. ch. 693.

(7) The owner or operator must ensure that a certified A/B operator inspects the facility for compliance at least weekly, and in addition conducts monthly and annual inspections in accordance with the schedule below. The owner or operator must maintain a log of these inspections in accordance with section 5(D)(16) and in accordance with 06-096 C.M.R. ch. 693, § 5. The log must include a list of each area checked, whether each area checked was acceptable or needed action taken, and a description of any corrective actions taken. The inspections must at a minimum check the following equipment on the applicable schedule:

(a) Weekly check of spill prevention equipment including spill buckets-- visually check for damage; remove liquid or debris; check for and remove obstructions in the fill pipe; check the fill cap to make sure it is securely on the fill pipe; and

(b) Weekly check of leak detection equipment -- check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present; and ensure records of leak detection testing are reviewed and current; and

(c) Monthly check of double walled spill buckets with interstitial monitoring-- check for a leak in the interstitial area;

(d) Annual check of containment sumps by a Maine Certified Underground Oil Storage Tank Installer or Inspector -- visually check for damage, leaks to the containment area, or releases to the environment; remove liquid in contained sumps or debris; and for double walled sumps with interstitial monitoring, check for a leak in the interstitial area; and

(e) Annual check of hand held leak detection equipment by a Maine Certified Underground Oil Storage Tank Installer or Inspector -- check devices such as tank gauge sticks or ground water bailers for operability and serviceability.

D.Closure and abandonment of underground field constructed oil storage tanks

(1) Tanks must be abandoned in accordance with section 11, except that owners of concrete tanks larger than 20,000 gallon capacity may be granted a variance by the Commissioner from the requirement under the following conditions:

(a) An alternate method of closure or long term maintenance is proposed that is equally protective of the environment, public health, safety and welfare;

(b) Discharges of oil will be remediated to the satisfaction of the Commissioner;

(c) Public access is controlled;

(d) A notice of the presence of underground oil storage tanks is permanently attached to the deed of the parcel upon which the tanks are located, including at a minimum, a description of the tanks, their size, types of product stored, and their surveyed location; and

(e) Written notice has been provided to the local fire department having jurisdiction indicating that a variance is being sought from the requirements of section 11.

The Commissioner may approve, deny, or approve with conditions a variance under this paragraph.

(2) The owner or operator of a field constructed tank shall conduct a site assessment in accordance with section 11(A) and Appendix P prior to the completion of facility closure.

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

06- 096 C.M.R. ch. 691, § 8