06- 096 C.M.R. ch. 695, § 4

Current through 2024-51, December 18, 2024

Section 096-695-4 - Definitions

The following terms as used in this rule shall have the following meaning unless the context indicates otherwise:

A.Ancillary equipment. "Ancillary equipment" means any devices including, but not limited to, piping, fittings, flanges, valves, pumps, line leak detection, and meters used to distribute, meter, or control the flow of regulated substances to and from an underground hazardous substance storage tank.

B.Board. "Board" means the Maine Board of Environmental Protection.

C.Cathode. "Cathode" means the electrode of an electrolytic cell at which reduction occurs.

D.Cathodically protected. "Cathodically protected" means the use of a technique, consistent with the National Association of Corrosion Engineers publication, Recommended Practice for Control of External Corrosion of Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems, RP-02-85, April 1985, to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

E. Cathodic protection monitoring. "Cathodic protection monitoring" means a process of measuring the structure to electrolyte potential to determine whether a cathodically protected structure is being adequately protected against corrosion. Cathodic protection monitoring shall be performed according to the requirements of Appendix F.

F.Cathodic protection tester. "Cathodic protection tester" means a underground storage tank installer certified by the Maine Board of Underground Storage Tank Installers, or a person who can otherwise demonstrate to the Department's satisfaction an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried metal piping and tank systems. At a minimum. such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

G. Change-in-service. "Change-in-service" means changing the hazardous substance stored in the tank or facility to a different hazardous substance or to a non-hazardous substance.

H.Chemically compatible. "Chemically compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with on, another for extended periods of time under varied environmental conditions.

I.Claims-made policy. "Claims-made policy" means an insurance policy that provides coverage for an occurrence for which a claim arising out of the occurrence is made during the term of the policy or any extension thereof.

J.Class one liquids. "Class One liquids" means liquids having a flash point below 1000[DEGREE] F.

K. Commissioner. "Commissioner" means the Commissioner of the Maine Department of Environmental Protection.

L.Continuous electronic Monitoring. "Continuous electronic monitoring" means the use of a monitoring device capable of automatic, unattended operation, which will provide a clear, audible or visual indication of the presence of liquid hazardous substances or hazardous substance vapors outside of a primary hazardous substance container.

M.Corrosion expert. "Corrosion expert" means a person who is approved by the department by reason of thorough knowledge of the physical sciences and the principals of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal-tanks. Such a person must be accredited as being qualified by the National Association of Corrosion Engineers or be a Maine registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

N.Corrosion-induced leak. "Corrosion-induced leak" means any discharge of a hazardous substance from an underground hazardous substance storage facility or tank caused by the deterioration of materials which comprise the facility or tank, because of a reaction with the internal or external environment of the facility or tank.

O.Department. "Department" means the Department of Environmental Protection of the State of Maine.

P.Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, escaping, emptying or dumping.

Q. Existing underground hazardous substance storage facility or tank. "Existing underground hazardous substance storage facility" and "existing underground hazardous substance storage tank" means any facility or tank, fully installed prior to the effective date of this rule and the location of which has not changed.

R. Facility. "Facility" means any underground hazardous substance storage tank or tanks located under any land at a single location together with associated piping, dispensing or ancillary equipment and used or intended to be used, for the storage or supply of hazardous substances, as defined in this rule.

S.Free product. "Free product" refers to a hazardous substance that is present as a non aqueous phase liquid (e.g. a liquid not dissolved in water).

T.Gallon. "Gallon" means a unit of volume in the U. S. Customary System. used in liquid measure, equal to 4 quarts, or 3.785 liters.

U.Hazardous Substance. "Hazardous substance" means any liquid containing a hazardous substance as defined under 38 MRSA §1362, except that, for the purpose of this rule, a liquid is not a hazardous substance because it contains:

1. a substance identified as hazardous waste under chapter 850 of department rules;

2. oil as defined in 38 MRSA §562-A(15); or

3. waste oil as defined in 38 MRSA §1303-C(42).

For the purpose of this rule, "hazardous substance" does not include: liquids containing hazardous substances in such low concentrations that the liquid meets state and federal standards for human consumption; and liquids that the commissioner determines will have no adverse human health or environmental impact if released to the environment.

V.Heating fuel. "Heating fuel" means residual petroleum hydrocarbon fuel oil including the following technical grades or equivalents: No. 1, No. 2, heavy no. 4, light no. 4, heavy no. 5, light no. 5 and no. 6. Heating fuels must be intended for use in heating equipment, boilers, or furnaces.

W.Hydrostatic piping test. "Hydrostatic piping test" means a test in which the piping components of a facility are pressurized with liquid in accordance with the requirements contained in Appendix D and monitored to determine the existence of a leak.

X.Impressed current cathodic protection system. "Impressed current cathodic protection system" means a cathodic protection system which relies on direct current continuously supplied by a power source external to the electrode system.

Y.In service tank or facility. "In service tank or facility" means a tank or facility to or from which product has been added or removed for its intended use during a consecutive twelve (12) month period.

Z.Interstitial monitoring. "Interstitial monitoring" means monitoring the space between the primary and secondary containment structures for leaks.

AA.Leak. "Leak" means:

(1) A loss or gain of 0.1 gallons or more per hour as determined by a precision test, defined in paragraph LL below;

(2) A loss or gain as determined by a leak detection system in accordance with sections 8, 9 and 10 of this rule; or

(3) The presence, in the excavation zone or backfill, of contamination by the hazardous substance most recently stored in the tank, as confirmed by environmental sampling or site assessment.

BB.Liner. "Liner" means a coating of non-corrosive material resistant to the product stored and bonded firmly to the interior surface of the tank.

CC.Lubricating oil. "Lubricating oil" means any petroleum hydrocarbon oil intended to be used in the lubrication of motor engines.

DD.Material Safety Data Sheet. "Material safety data sheet" means a written document describing the hazards and properties of an individual hazardous substance or a mixture containing a hazardous substance. The document must be prepared in accordance with the requirements of 29 CFR Part 1910.1200 as published July 1, 1988.

EE.Monitoring well. "Monitoring well" means a dug or drilled, cased well or other device that can be used for detecting the presence of hazardous substances below ground level.

FF. Motor fuel. "Motor fuel" means a petroleum hydrocarbon or a petroleum hydrocarbon based substance that is motor gasoline, aviation gasoline, no. 1 or no. 2 diesel fuel or any grade of Gasohol that is typically used in the operation of a motor engine.

GG.Operator. "Operator" means any person who is in control of, operates, or is otherwise responsible for the daily operation of an underground hazardous substance storage facility or tank.

HH.Out of service underground hazardous substance storage facility or tank. "Out-of-service underground hazardous substance storage facility" and "out-of service underground hazardous substance storage tank" mean any such facility or tank, as defined in subsections VV and WW, neither receiving nor dispensing a hazardous substance. but to be returned to service or awaiting closure pursuant to Section 13 of this rule.

II.Owner. "Owner" means any person who alone, or in conjunction with others owns an underground hazardous substance storage facility.

JJ.Person. "Person" means any individual person, firm, association, partnership, corporation. trust, the State and any agency of the State, governmental entity, quasi-governmental entity, the United States and any agency of the United States and any other legal entity.

KK.Pneumatic test "Pneumatic test" means an air pressure test performed in accordance with the requirements of Appendix C.

LL.Precision test. "Precision test" means a tank or piping line tightness test, approved by the commissioner, that is:

(1) Capable of detecting a leak, loss or gain of 0.1 gallons per hour with a probability of detection of 95 percent and a probability of false alarm of 5 percent as determined by an independent testing laboratory using U.S. Environmental Protection Agency approved protocols; and

(2) Conducted in strict accordance with the tank and piping manufacturer's operating procedures and any protocols identified by an independent testing laboratory as required to meet the performance standards of paragraph 1.

MM.Primary sand and gravel recharge area. "Primary sand and gravel recharge area" means the surface area directly overlying sand and gravel formations that provide direct replenishment of groundwater to sand and gravel or fractured bedrock aquifers. The term does not include areas overlying formations that have been identified as unsaturated and not contiguous with saturated formations.

NN.Private water supply. "Private water supply" means any dug, drilled or other type of well or spring or other source of water which collects water for human or animal consumption and is not a public water supply.

OO.Public drinking water supply. "Public drinking water supply" means any well or other source of water which furnishes water to the public for human consumption for at least 15 connections, or regularly serves an average of at least 25 individuals daily at least 30 days out of the year, or which supplies bottled water for sale. This may include schools, public buildings, restaurants, convenience stores, etc.

PP.Sacrificial Anode. "Sacrificial anode" means a metal anode that, because of its electrolytic potential and relative position in the galvanic series, will provide sacrificial corrosion protection to the metals from which underground tanks and/or piping are constructed when the sacrificial anode and underground tanks and/or piping are constructed and connected in accordance with National Association of Corrosion Engineers (NACE) Recommended Practice RP-02-85, 'Recommended Practice For Control Of External Corrosion On Metallic Buried, Partially Buried, Or Submerged Liquid Storage Systems' (April, 1985).

QQ.Secondary containment. "Secondary containment" means a system installed so that any material that is discharged or has leaked from the primary containment is prevented from reaching the soil or ground water outside the system for the anticipated period of time necessary to detect and recover the discharged material.

RR.Sensitive geologic areas. "Sensitive geologic areas" means any of the following: 1) significant ground water aquifers as defined in subsection SS below; 2) primary sand and gravel recharge areas as defined in subsection MM above; 3) locations within 1,000 feet of a public drinking water supply; or 4) locations within 300 feet of a private drinking water supply.

SS.Significant ground water aquifer. "Significant ground water aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel, as identified by the current Maine Geological Survey maps, that contains a significant recoverable quantity of water which is likely to provide drinking water supplies.

TT. Tank. "Tank" means any container including piping, 10% or more of the volume of which is beneath the surface of the ground and which is used, or intended to be used, for the storage or supply of a hazardous substance as defined in this section, but does not include any tanks situated in an underground area if these tanks are situated upon or above the surface of a floor and in such a manner that the entire exterior surface of the tank may be readily inspected.

UU. Temporarily out-of-service facility or tank. "Temporarily out-of-service facility" and "temporarily out-of-service tank" mean a facility which has received written permission from the Department to remain inactive for an additional twelve (12) months, in accordance with the requirements of Section 13A of this rule.

VV. Underground hazardous substance storage facility. "Underground hazardous substance storage facility," also referred to as "facility," means any underground hazardous substance storage tank or tanks as defined in subsection WW, together with associated piping and dispensing facilities located under any land at a single location and used, or intended to be used, for the storage or supply of hazardous substances as defined in this rule.

WW.Underground hazardous substance storage tank. "Underground hazardous substance storage tank" also referred to as "tank" as defined in Section 4(TT), means any container, including piping, 102 or more of the volume of which is beneath the surface of the ground and which is used, or intended to be used, for the storage or supply of a hazardous substance as defined in this section, but does not include any tanks situated in an underground area if these tanks or containers are situated upon or above the surface of a floor and in such a manner that the entire exterior surface of the tank may be readily inspected.

XX.Underground Hazardous Substance Storage Tank Installer. "Underground hazardous substance storage tank installer" means a person certified pursuant to 32 MRSA, §10001 et seq., to install and remove underground hazardous substance storage tanks.

06- 096 C.M.R. ch. 695, § 4