Current through 2024-51, December 18, 2024
Section 096-691-9 - Regulation of facilities for the underground storage of heavy oilsA.Applicability(1) This section applies to all underground oil storage facilities intended for storing or containing heavy oil, oil that must be heated during storage, including but not limited to #5 and #6 oil.(2) This section applies to # 4 oil storage facilities only when the oil must be heated during storage.B.Design and installation requirements for new and replacement facilities(1) General design requirements (a) Facilities must be designed in accordance with section 6(B)(1) except where a field constructed tank is proposed at a heavy oil facility, then the general design requirements for heating oil facilities under sections 6(B)(1) or 8(B) must be followed.(b) All facility construction materials must be physically and chemically compatible with the product to be stored, including the temperature at which the product is to be stored. Fiberglass or plastic jacketed components may not be installed in facilities where the oil temperature will exceed 150º F.(2) Leak detection. New and replacement heavy oil facilities must provide leak detection in conformance with the leak detection requirements for other heating oils in section 6(B)(2) or field constructed tanks in section 8(B)(2), including secondary containment with continuous interstitial space monitoring.(3) Overfill and spill prevention equipment requirements are the same as those for other heating oils under section 6(B)(3).(4) Installation requirements for new and replacement heavy oil facilities. (a) An underground oil storage facility or tank may not be installed unless the facility has been registered in accordance with section 4. (b) No person may install an underground heavy oil storage facility unless that person is a properly certified Class 2 underground oil storage tank installer in accordance with 32 M.R.S. §§10001 - 10016 and has paid the certification fee.(c) 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 tank has occurred, the associated tank also must 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 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. (d) New and replacement heavy oil facilities must be installed in accordance with National Fire Protection Association Code 31 and the requirements of section 6(B)(4), (5) and (6), except that the installation of copper and PVC piping is prohibited and the heating system must be electrically isolated from the cathodic protection system if the tank is steel.(e) New and replacement fiberglass and plastic jacketed steel tanks must be provided with continuous product temperature monitoring equipment, installed in accordance with the manufacturer's specifications.(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 of new, replacement and existing facilities(1) Heavy oil facilities must be operated in accordance with the requirements for other heating oil facilities in section 6(C).(2) The owner or operator of heavy oil facilities with fiberglass or plastic jacketed steel tanks or piping shall monitor representative product temperature within the tank daily to ensure it does not exceed tank and piping manufacturers' specifications or limits. Product temperature readings must be recorded, including date, temperature, and the initials of the person taking the measurements or readings. Temperature records must be maintained at the facility for 3 years and be available to Department personnel and representatives or municipal officials.(3) Product temperature measurement equipment must be maintained in good operating condition. Such equipment must be tested and if necessary, calibrated, at least annually by a properly trained representative of the owner or operator, a Certified Underground Oil Storage Tank Installer or an authorized representative of the manufacturer.(4) Fiberglass and jacketed steel facilities may not be operated above 150° F.(5) The owner shall conduct an annual facility compliance inspection and correct any deficiencies found in accordance with section 5(D)(17).D.Closure requirement. Heavy oil tanks must comply with the requirements of section 11. 06- 096 C.M.R. ch. 691, § 9