An Act To Conform the Laws (;e.-un· X Uiilktr;tOtllld Oil Storage Tanks to the RequiI tiDE au _ * Feden.I t:Jaagy Policy Act
Maine Legislature, Session 123, LD 2072
Committee: Natural Resources
Sponsors: KOFFMAN, BARTLETI, BUSS, DUCHESNE, EBERLE, HILL
Amends: 38 MRSA §563, 38 MRSA §565-A, 38 MRSA §568

Legislative Document 
No.2f172 
H.P.1456 
House of Representatives, December 21, 2007 
An Act To Conform the Laws (;e.-un· X Uiilktr;tOtllld Oil Storage 
Tanks to the RequiI tiDE au _ * Feden.I t:Jaagy Policy Act 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator BARTLETI of Cumberland and 
7l/~ 
111·172~ 
MILLlCENf M. MacFARLAND 
Oerk 
Representatives: BUSS of South Portland, DUCHESNE of Hudson, EBERLE of South 
Portland, HILL of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §563, sub-§9, as amended by PL 2005, c. 491, §I, is further 
amended to read: 
9. Annual compliance inspection. The owner of an underground oil storage facility 
is responsible for ensuring that each underground oil storage tank and associated piping at 
the facility are inspected .annually for compliance with the requirements of this 
subchapter and any rules adopted under this subchapter and the requirements for gasoline 
vapor control in rules adopted under section S8S-A. The owner shall correct or arrange 
for correction of any deficiencies detected during the inspection as necessary to bring the 
facility into compliance with these requirements. 
A. 
The owner of an underground oil storage facility shall submit annual inspection 
results to the department on or before July 1, 2003 and on or before July 1 st annually 
thereafter. The results must be recorded on a form provided by the department and 
must include a certification statement, signed by an underground oil storage tank 
inspector or underground 011 storage tank installer certified by the Board of 
Underground Oil Tank InstaJlers under Title 32, chapter l04-A, that each tank and 
associated piping have been inspected and any f.ieficiencies discovered during the 
inspection have been corrected. The owner shall submit the completed form to the 
department no more than 30 days after the date on which the inspection was 
completed. 
R. 
11'1 as&itiofl to ether Rf€JfeeJ&e1lt aet1ses ~ 
Iftl£ier 5taI:e law, tI:le 
sommissioRer may issYe IIfI adR!irlistmti,,'e 9f8er afterr fIFO-tiding a aot.ioe of violatiOfl 
for faill::lre to semi'll;' wid! the f'lNifu-iremem: of diis saBiectioJ'l :IRl£I after providiRg a 
f@8s00aele 
o~~et1:l:!nit)' to eealSSt the viOWIttBfl. 
Tee .aSmwstFitti=ve order maJ' 
ifwlwde, Btlt is .et lHiAied ie, a ~_BIBf!fIt tMt 1Be &' .. Vflef or operator of 8:fI 
wfll£iewgrOVRd oil ilafagtl iao~, sease Beii"efle5 ef ei] to, aad O'j'leratiofl of, the 
YH£lergrowRd oil strn:a:ge tank aAEI as.seoia1ed ".jag that are the BI::l~ect of tHe 
violation I::lmil tRe vlolatiOfl has BeeF! Se1'f't!oterl. 
C. 
SeF\'ice of tAe sommissiOfler's aemffii5trative arder under paragraph B must ee 
made hy hand del i>., e I)' by an aut!:lori2!ed FepreseMatlve of the department or by 
certified mailiAg, Tatl::lm Teceipt reql:lested. 
D. 
TAe person to .... ofiom tAe administrative order ander pl:lT1tgFaph B is directed shall 
comply imffiediatel)' aT ... ,ithin #Ie tiffie period speeified in the order. That person 
ffia;' Elflpeal the order to tRe board By filing a '.,,'linen petition within 5 working days 
after receipt of the oraer. WitHin 15 ,,'orking EiJa.)'s after reeeipt of the petition, the 
board shall hola a hearing on tRe matter. All witflesses at the hearing must be sworn. 
Within 7 working da)'S after tAe hearing, tHe eoard shall make fiRaiags of fact ana 
shall eontinl::le, revoke or modii)' tRe admiflistrati'le erder. The decision of the eoard 
may be 8j3j3ealed to tHe Superior Court ifl acsordance 'Nith Title 5, chapter 375, 
subchapter 7. 
E. Beginning July 1, 2010 and at least once every 3 years thereafter, the annual 
inspection of each tank must be performed by a certified underground oil storage tank 
inspector or underground oil storage tank installer who is not the tank owner or 
Page I - 123LR3076(Ol)-1 
I 
operator, an employee of the tank owner or operator or a person having daily on-site 
responsibility for the operation and maintenance of the tank. 
Sec. 2. 38 MRSA §563, sub-§ 1 0, ~, as enacted by PL 2005, c. 491, § I, IS 
amended to read: 
D. 
The owner of an aboveground oil storage tank used to store motor fuel shall 
ensure that underground piping associated with the tank is inspected annually for 
compliance with the requirements of this subchapter and the requirements for 
gasoline vapor control in rules adopted under section 585-A. The owner shall submit 
annual inspection results to the department on or before July 1,2007 and on or before 
July I st annually thereafter. The results must be recorded on a form provided by the 
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department and must include a certification statement, signed by an underground oil 
storage tank inspector or an underground oil storage tank installer certified by the 
Board of Underground Oil Tank Installers under Title 32, chapter 104-A that the 
piping has been inspected and any deficiencies discovered during the inspection have 
I 5 
been corrected. The owner shall submit the completed form to the department no 
more than 30 days after the date on which the inspection was completed. The 
requirements of this paragraph may be enforced in the same manner as is provided 
for underground oil storage facilities under subsection 9. 
Sec 3. 38 MRSA §565-A is enacted to read: 
§565-A. Authority t9 prohibit product delwery 
1. Order to cease deliveries. In addition to the enforcement actions allowed under 
sections 347-A and 348, the commissioner may, after providing an owner or operator of 
an underground oil storage tank with a notice of violati011 for failure to comply with a 
requirement of this subchapter and after providing a reasonable opportunity for correction 
of the violation. issue an administrative order requiring the owner or operator of the 
underground oil storage tank that is the subject of the violation to cease deliveries of oil 
to the tank and to cease operation of the tank and associated piping until the violation has 
been corrected. The commissioner shall issue an administrative order to cease deliveries 
to or operation of an underground oil storage tank subject to section 564 upon 
determining that: 
I 
A. 
The tank is not equipped with the spill prevention~ overfill protection, leak 
detection or corrosion protection measures required under section 564 and applicable 
department rules; 
B. The tank is not being operated or maintained in compliance with section 564 and 
applicable department rules and the owner or operator has failed to gain compliance 
with the requirements within 30 days of being provided with a citation for or written 
notice of the violation; or 
C. There is evidence of an ongoing release of product from the tank or facility at 
which the tank is located. 
The commissioner may defer issuance of an administrative order to cease deliveries 
pursuant to this subsection if the commissioner determines that a delivery prohibition 
I 
would jeopardize the availability of, or access to, oil in a remote area of the State. The 
deferral may not exceed 180 days. 
2. Service. Service of an administrative order under subsection I must be made by 
hand delivery by an authorized representative of the department or by certified mail, 
return receipt requested. 
The person to whom the order is directed shall comply 
immediately or within the time period specified in the order or may appeal the order as 
provided in subsection 3. 
3. Appeal. An administrative order under subsection I may be appealed to the board 
by filing a written petition within 5 working days after receipt of the order. Within 15 
working days after receipt of the petition, the board shall hold a hearing on the matter. 
II 
All witnesses at the hearing must be sworn. Within 7 working days after the hearing, the 
board shall make fmdings of fact and shall continue, revoke or modify the administrative 
order. The decision of the board may be appealed to the Superior Court in accordance 
with Title 5, chapter 375, subchapter 7. 
IS 
4. 
IdentifICation of taDks subject to delivery prohibition. 
Whenever the 
commissioner issues an administrative order under subsection 1, department staff shaH 
affix a red tag to the fill pipe of the underground oi I storage tank or Fovide the tank 
owner or operator with a red tag for that purpose. Immediately upon receipt of a red tag 
from the department, the owner or operator shall affix the tag, in plain view, to the tank 
fill pipe. The owner or operator may not allow the deposit of oil into the tank while .a red 
tag is affixed to the fill pipe. 
As used in this section, "red tag" means a tag, device or mechanism devised by the 
department for use in sigt:ri:fyiDg that B11 undergmuadoil iIInIltge tank is ineligible for 
product delivqy. TIle tag must be md in wlor.and mt5t Dear wards clearly conveying 
that it is J.IJllaw1i.tl to dc;posit oil iato the tank. Tile mg must be made of plastic or other 
durable, daJnge-ft'SlisUmt materiai .w mtit he ~ 
to he ~i1y affixed to the tank 
fill pipe. 
3. ~ 
A person may not deposit oil into an underground oil storage tank 
that has 11 red tag ld'flxed to the fill pipe or tamper with the tag except to remove it as 
authorized by the commissioner under subsection 6. 
6. ReturD to service. A red tag affixed pursuant to this section may not be removed 
until an underground oil storage tank inspector or underground oil storage tank installer 
certifies in writing to the commissioner that the applicable violations have been corrected 
and the commissioner authorizes removal of the tag. The commissioner shall remove or 
authorize the removal of the tag as soon as practicable upon receipt of the certification. 
The commissioner may remove or authorize the removal of the lag absent confirmation 
that the violations have been corrected in emergency situations or when removal is 
determined to be in the best interest of the public. 
Sec. 4. 38 MRSA §568, sub-§3, as amended by PL 2005, c. 330, §22, is further 
amended to read: 
3. Issuance of clean-up orders. The commissioner may investigate and sample 
sites where an oil discharge has or may have occurred to identity the source and extent of 
..,.., 
.)~ 
the discharge. 
During the course of the investigation, the commissioner may require 
submission of information or documents that relate or may relate to the discharge under 
investigation from any person who the commissioner has reason to believe may be a 
responsible party under this subchapter or subchapter 2-A. If the commissioner finds, 
after investigation, that a discharge of oil has occurred and may create a threat to public 
health or the environment, including, but not limited to, contamination of Jl water supply, 
the commissioner may issue a clean-up order requiring the responsible party to cease the 
discharge immediately and w take action to prevent further discharge and to mitigate or 
terminate the threat of human exposure to contamination or to explosive vapors. 
In 
addition to other actions, inCluding an action to prohibit product delivery under section 
565-A, the commissioner may, as part of any clean-up order, require the responsible party 
to provide temporary drinking water and water treatment systems :approved by the 
commissioner, to sample and analyze wells and to compensate 3Td-:party damages 
resulting from the discharge. The commissioner may also order that the responsible party 
take temporary and permanent remedial actions at locations threatened or affected by the 
discharge of oil. including a requirement that the responsible party restore or replace 
\.\:ater supplies contaminated with oil with water supplies the commissioner finds are cost 
effective, technologically feasible and reliable and that effectively mitigate or minimize 
damage 10, and provide adequate protection of, the public health, w~lfare and the 
environment. Clean-up orders may be issued only in compliance with the following 
procedures. 
A. 
Any orders issued under this section must contain fmdings of fact describing the 
manner and extent of oil contamination, the site of the discharge and the threat to the 
public health or environment. Service of a copy of the cammissioner's findings and 
order must be made by the sheriff or .deputy sheriff or by hand delivery by an 
authorized representative of the depa:t tmeut in accDTd:ance with the Maine Rules of 
Civil Procedure. 
S. 
A responsible party to whom sucll an order is directed may .apply t{) the board 
for II hearing on the order if the application is lmtde within 1 () wariing days after 
TeCeipt of the order by a responsihie party. Within 15 working days lifter receipt of 
tile application, the board shan hold a hearing, make findings of fad Jind vote on a 
decision that continues, revokes or modifies the order. That decision must be in 
writing and signed by the board chair using any means for signature authmized in the 
department's rules and published within 2 working days after the hearing and vote. 
The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn 
and the commissioner shall first establish the basis for the order and for naming the 
person to whom the order was directed. The burden of going forward then shifts to 
the person appealing to demonstrate, based upon a preponderance of the evidence, 
that the order should be modified or rescinded. 
The decision of the board may be 
appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7. 
C. 
Upon completion of the clean-up activity, the commissioner shall issue a letter to 
the responsible party or parties indicating that the clean-up order has been complied 
with for one or more parcels. 
Sec. 5. Operator training. By August 8, 2009, the Department of Environmental 
Protection shall develop a program to train owners and operators of federally regulated 
underground oil storage tanks on how to properly operate and maintain the tank systems. 
The program must meet the minimum requirements specified by the United States 
Environmental Protection Agency pursuant to 42 United States Code, Section 
6991 (i)(2007). 
SUMMARY 
This bill conforms the laws governing underground oil storage tanks to the 
requirements of the federal Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 594 
(2005), by: 
t. Requiring owners and operators of federally regulated underground oil storage 
tanks to have the tanks inspected by a disinterested certified underground oil storage tank 
II 
inspector or installer at least once every 3 years; 
2. 
Directing the Department of Environmental Protection to develop a trammg 
program for owners and operators of federally regulated underground oil storage tanks; 
and 
IS 
3. 
Giving the Department of Environmental Protection authority to prohibit the 
delivery of oil to underground oil storage tanks that are not inspecte~ operated and 
maintained in compliance with the law. 
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