06-096-695 Me. Code R. § 13

Current through 2024-51, December 18, 2024

Section 096-695-13 - Closure of Underground Hazardous Substance Storage Facilities and Tanks

NOTE: Tanks that contain hazardous waste as identified in chapter 850 of department rules are subject to the closure requirements of chapter 851.

A.Out of Service and Temporarily Out of Service Facilities

(1) All underground hazardous substance storage facilities and tanks that have been, or are intended to be, taken out-of-service for a period of more than twelve (12) consecutive months shall be properly closed in accordance with this rule within 90 days unless the tank owner has received written permission from the Department of Environmental Protection to remain temporarily out of service in accordance with the requirements of Section 13(A)(5).

(2) All out of service facilities regardless of the length of time they have been or will continue to be out of service must be in compliance with all Sections of this rule.

(3) Closure of out-of-service underground hazardous substance storage facilities must be supervised by an independent Maine-registered professional engineer with demonstrated education and experience in underground storage tank installation or removal or with demonstrated education and experience in hazardous waste clean-up or management.

(4) When a facility is out-of-service for 3 consecutive months or more owners and operators must comply with the following requirements:

(a) All product must be removed using commonly employed practices so that no more than one inch of residue or 0.3% by weight of the total capacity of the facility remains in the facility;

(b) Vent pipes must be open and functioning;

(c) All other piping, pumps, manways and ancillary equipment must be capped and secured. Product shall be removed from piping, pumps, manways, and ancillary equipment to the extent it is technically feasible; and

(d) Leak detection equipment must remain in operation in accordance with Section 8 and 9 of this rule during the out-of-service period or the facility must be properly closed in accordance with the requirements of Section 13.

(e) All corrosion protection equipment shall remain in operation in accordance with this rule.

(5) For a facility to remain temporarily out of service for more than twelve (12) months, the tank owner or operator must receive written approval from the Department. Written approval to remain out of service may remain in effect for up to twelve (12) months by which time the owner or operator must have received written permission from the Department for a twelve (12) month extension or must have closed the facility in accordance with this rule. Permission to remain temporarily out of service for more than twelve (12) months may only be granted when:

(a) The requirements of Section 13(A)(4) of this rule are being met; and

(b) The facility has been designed and installed in accordance with Sections 6, 7, and 8 of this rule; and

(c) The owner or operator can demonstrate, to the Department's satisfaction, that the facility is not leaking by one of the following methods:

(i) A precision test, or equivalent test approved by the Department, of the facility or the affected tanks and piping; or

(ii) A site assessment of the facility or the affected tanks and piping in accordance with the requirements of Appendix G; or

(iii) Submit to the Department documentation and certification that the facility or the affected tanks and piping conform to the requirements of Sections 8 and 9 of this rule and that leak detection monitoring records for the facility are complete, accurate, and up to date from the date the facility was installed and do not indicate a leak.

(6) All underground hazardous substance storage facilities taken out of service before the effective date of this rule must be permanently closed in accordance with this Section if the Department determines that any such facility poses a current or potential threat to human health safety, welfare or the environment.

B.Rebuttable Presumption of Hazardous Waste Generation at Closure. All sludges, tank bottoms, or residual liquids including all cleaning fluids that are contained in or have passed through a facility to be closed shall be handled and disposed of as hazardous waste in accordance with Chapter 851 of the Maine Hazardous Waste Management Rules, unless the owner or operator demonstrates to the Department's satisfaction by testing or other appropriate methods approved by the Department that the substances are not subject to the Maine Hazardous Waste Management Rules.

NOTE: The Maine Hazardous Waste Management Rules include requirements that hazardous waste be transported by licensed hazardous waste transporters, disposed of at approved hazardous waste disposal facilities, and be properly manifested from the site of generation to the site of final disposal.

C. Notification Requirements

(1) The owner or operator of a facility or tank which is to be closed shall notify the Department and the local fire department having jurisdiction. This notice shall be in writing and received by the Department at least thirty (30) days prior to closure. When ownership of the facility or tank is unknown, the current property owner shall be responsible for compliance with the requirements of this section. This notice shall include:

(a) The name, mailing address, and telephone number of the owner;

(b) The mailing address and location of the facility;

(c) The size(s) and locations of tank(s) and piping to be abandoned;

(d) The type(s) of products(s) stored in each tank during its operational life or since the last site assessment of the tank or facility completed in accordance with the requirements of this rule;

(e) The registration number of the facility and tank(s) or, if unregistered, a properly executed registration form along with the appropriate fee;

(f) The methods by which the tank or facility will be cleaned;

(g) Methods of inserting, venting or otherwise rendering the tank or facility safe for removal or filling place;

(h) Name and address of the Maine registered professional engineer who will supervise closure and certify that the facility has been closed properly and in accordance with this section;

(i) Name, address and certification number of the Maine certified geologist who will supervise the site assessment in accordance with Section 13D and Appendix G;

(j) The method and site of disposal;

(k) The name, address and phone number of any person(s) or company(s) that will be responsible for cleaning, removal, storage, or disposal of the tank or facility;

(l) If filling in place is planned, the criteria used for justifying filling in place, as listed in Section 13F;

(m) The age or approximate age of the tank, if known; and

(n) The date upon which the facility or tank is to be removed or when a variance has been granted pursuant to section 13(F) of this rule, the date on which the tank or facility will be properly filled in place. If the date of removal or filling-in-place is subsequently changed the owner must notify the Department and the fire department in whose jurisdiction the tank or facility is located, of the new date before the tank is removed or filled-in-place.

(2) The tank owner is responsible for attaching to the deed of the property on which a filled-in-place tank is located a notice that an underground hazardous substance storage tank which has been closed in accordance with this rule by filling-in-place pursuant to Section 13(F), exists on the property. The deed notation shall be executed within 30 days of completion of the closure. A copy of the registered notation showing book and page number shall be submitted to the Department within 90 days following completion of closure.

D.Site Assessment Requirements

(1) An independent Maine Certified Geologist shall supervise completion of a site assessment during the closure process or before a change-in-service of the tank or facility unless exempted by section 9(D). The site assessment shall determine the character, quantity, and extent of any subsurface pollution that may have occurred from spills or leaks during the operational life of the tank system and shall make recommendations for remediation of any such pollution. Minimum requirements for a site assessment are outlined in Appendix G.

(2) A report detailing the results of the site assessment and recommendations for remedial action shall be submitted to the Department within 90 days following tank removal or filling in place, or, if applicable, 10 days before a change-in-service of the tank or facility. The Department may require remedial action before the change-in-service takes place.

(3) Site remediation shall be completed by the owner or operator of the facility to the satisfaction of the Department.

E. Closure By Removal

(1) Removal of tanks and facilities shall be conducted in accordance with the requirements contained in Appendix H and to the satisfaction of the commissioner.

(2) Connections or disconnections to be made to or from any in-service facility during removal of the out-of-service facility shall be made by an underground hazardous substance storage tank installer certified by the Maine Board of Underground Storage Tank Installers (BUSTI) under 32 MRSA §10001 et seq. or by a BUSTI-certified underground oil storage tank installer if supervised on-site by a registered Maine professional engineer with training and experience in underground storage facility installation.

(3) Removed tanks shall be properly disposed of in accordance with section 13(H) within 30 days following removal.

F.Closure By Filling In Place

(1) Out-of-service facilities and tanks shall be removed, except where the owner can demonstrate to the Department that removal is not physically possible or practicable because the tank or other component of the facility to be removed is:

(a) Located-beneath a building or other permanent structure which cannot be practically replaced;

(b) Of a size and type of construction that it cannot be removed;

(c) Inaccessible to heavy equipment necessary for removal; or

(d) Positioned in a manner that removal would endanger the structural integrity of nearby tanks.

(2) A facility or tank owner may apply to the commissioner for a variance to fill in place a facility or tank rather than remove the tank or facility. The Commissioner may grant such a variance request if he or she finds that:

(a) Closure by removal is not possible or practicable due to circumstances other than those listed in paragraph 1 above;

(b) The procedures outlined in Appendix I for filling in place will be followed in sequence, and

(c) The granting of a variance does not pose a threat to a private or public drinking water supply or the quality of groundwater, and is consistent with the intent of this rule.

(3) After December 31, 1990 any connections or disconnections to be made to or from any in-service facility during filling-in-place of an out-of-service facility shall be made by an underground hazardous substance storage tank installer certified pursuant to 32 M.R.S.A. Chapter 104-A.

(4) Prior to January 1, 1990 any connections or disconnections to be made to or from any in-service facility during filling in place of an out-of-service facility must be made by an underground oil storage tank installer certified pursuant to 32 M.R.S.A. Chapter 104-A.

(5) Filling-in-place of tanks and facilities shall be conducted in conformance with the requirements contained in Appendix I and to the satisfaction of the Department.

(6) A deed notation shall be executed in accordance with the requirements of Section 13(C)(3).

G.Tank Cleaning

(1) All tanks including removed tanks and tanks to be filled-in-place shall be cleaned such that all liquids, sludges, and residues are removed from the tank.

(2) All tank bottoms, sludges, and scale shall be handled, transported and disposed of in accordance with State of Maine Hazardous Matter and Hazardous Waste Management Rules.

(3) Tank cleaning sites for tanks removed from the facility site must meet the following requirements in addition to any other applicable local and state requirements:

(a) Sites must be approved by local public safety officials with authority for the site;

(b) Sites must not be located within a sensitive geological area;

(c) Sites must not be within 300 feet of a classified body of surface water; and

(d) Sites must not be within 100 feet of an adjacent property boundary.

H.Disposal of Removed Tanks. Disposal of removed tanks shall be by the following methods only:

(1) Acceptance by a junk or scrap dealer;

(2) Disposal at a site approved by the Department in conformance with the requirements of Appendix L: "Requirements for Underground Oil Storage Tank Disposal Facilities," in Chapter 691 of the Department's rules;

(3) Disposal by a licensed hazardous waste disposal facility; and

(4) Other techniques for disposal provided that written approval has been obtained from the Department and the State Fire Marshal's Office.

I.Certification of Closure. The owner or operator of the facility shall submit to the Department within 30 days of completion of closure, certification by the owner or operator, and the independent Maine registered professional engineer who supervised closure that:

(1) Tanks, piping and ancillary equipment have been properly cleaned and disposed of in accordance with the requirements of this rule;

(2) Information provided on the notification of closure form is accurate or that accurate amended information has been provided along with this certification;

(3) Any and all wastes, hazardous wastes or hazardous waste residues generated by closure of the facility have been removed to an entity licensed to handle the waste; and

(4) All elements of the facility including containers, tanks, liners, bases, materials, equipment, structures, backfill and soil containing or contaminated with hazardous waste or hazardous waste residues have been decontaminated or disposed of at an entity licensed to handle the waste.

J.Final Closure at End of Warranty Period. Underground hazardous substance storage facilities, including tanks and piping, shall be properly closed in accordance with this section within 30 years and 30 days following installation of the facility unless the tank and piping manufacturers provide longer or extended warranties in which case the facility shall be properly closed at the end of the earliest warranty period for the tank or piping.

06-096 C.M.R. ch. 695, § 13