An Act To Extend the Use of Underground Storage Tanks II
Maine Legislature, Session 125, LD 0721
Committee Amendment CA_A_S119 (Senate)
Amends: 38 MRSA §566-A

COMMITTEE AMENDMENT" A. "to S.P. 210, L.D. 721, Bill, "An Act To Extend 
the Use of Underground Storage Tanks" 
II 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRS A §564, sub-§5, as amended by PL 1997, c. 624, §3, is repealed 
and the following enacted in its place: 
5. Mandatory facility replacement. Upon the expiration date of a manufacturer's 
warranty for a tank, the tank and its associated piping must be removed from service and 
properly abandoned in accordance with section 566-A, except that a double-walled tank 
may continue in service up to 10 years beyond the expiration of the warranty if: 
A. During the year the warranty expires but on a date before the warranty expires, a 
precision test is conducted to determine the integrity of the tank. Results of the test 
conducted must be submitted to the commissioner by the facility owner; and 
B. During the 5th to 10th years after the expiration of the warranty, a precision test is 
conducted annually to determine the integrity of the tank. Results of each test must 
be submitted to the commissioner by the facility owner. 
This subsection does not apply until January 1, 2008 to a tank installed before December 
31, 1985 that has been retrofitted to meet the requirements of subsections I-A and I-B. 
Sec. 2. 38 MRSA §566-A, sub-§l, as amended by PL 2009, c. 501, §7, is further 
amended to read: 
1. Abandonment. All underground oil storage facilities and tanks that have been, or 
are intended to be, taken out of service for a period of more than R 24 months must be 
properly abandoned by the owner or operator of the facility or tank or, if the owner or 
operator is unknown, dissolved or insolvent, by the current owner of the property where 
the facility or tank is located. All abandoned facilities and tanks must be removed, except 
where removal is not physically possible or practicable because the tank or other 
component of the facility to be removed is: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A," to S.P. 210, L.D. 721 
A. 
Located beneath a building or other permanent structure; 
B. 
Of a size and type of construction that it cannot be removed; 
C. 
Otherwise inaccessible to heavy equipment necessary for removal; or 
D. 
Positioned in such a manner that removal will endanger the structural integrity 
of nearby tanks. 
Sec. 3. 38 MRSA §566-A, sub-§l-A, as amended by PL 2009, c. 501, §8, is 
further amended to read: 
I-A. Abandoned tanks brought back into service. Underground oil storage tanks 
and facilities that have been out of service for a period of more than ~ 24 months may 
not be brought back into service without the written approval of the commissioner. The 
commissioner may approve the return to service if the owner demonstrates to the 
commissioner's satisfaction that: 
A. 
The facility is in compliance with this subchapter and rules adopted pursuant to 
this subchapter; 
B. 
The underground oil storage tanks and piping have successfully passed testing as 
directed by the commissioner; 
C. 
The underground oil storage tanks and piping are constructed of fiberglass, 
cathodically protected steel or other equally noncorrosive material approved by the 
commISSIOner; 
D. The facility has conforming suction or double-walled pressurized piping; and 
E. 
The return of the facility to service does not pose an unacceptable risk to 
groundwater resources. In detennining if the facility poses an unacceptable risk to 
groundwater resources, the commissioner may consider the age and maintenance 
history of the storage tanks and piping, the number and consequences of past oil 
discharges from the tanks and piping, the proximity of the facility to drinking water 
supplies and the proximity of the facility to sensitive geologic areas. 
The commissioner may not approve the return to service of a single-walled underground 
oil storage tank that has been out of service for more than ~ 24 consecutive months. 
Sec. 4. Report to the Fund Insurance Review Board. By October 1,2015, 
the Department of Environmental Protection shall report to the Fund Insurance Review 
Board, under the Maine Revised Statutes, Title 38, section 568-B, data and associated 
information related to all incidents of leaks or spills resulting from the exception to the 
required replacement of underground oil storage tanks upon the expiration of a 
manufacturer's warranty for double-walled underground oil storage tanks pursuant to 
Title 38, section 564, subsection 5. 
Sec. 5. Rulemaking. The Department of Environmental Protection shall amend its 
rules in accordance with the Maine Revised Statutes, Title 5, chapter 375 to allow the 
upgrading of secondary containment systems and related piping for underground oil 
storage tanks. 
Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 210, L.D. 721 
SUMMARY 
The amendment replaces the bill. The bill provides that an underground oil storage 
tank for which the manufacturer's warranty has expired does not need to be removed from 
service and properly abandoned if the tank is tested in accordance with the provisions of 
the Maine Revised Statutes, Title 38, section 564, subsection I-A. 
The amendment 
provides that a double-walled tank may continue in service up to 10 years beyond the 
expiration of the warranty if precision tests are undertaken to determine the integrity of 
the tank. 
The amendment also extends from 12 months to 24 months the time period after 
which underground oil storage tanks taken out of service must be properly abandoned. It 
also prohibits single-walled underground oil storage tanks that have been out of service 
for a period of more than 24 months from being brought back into service and it prohibits 
double-walled underground oil storage tanks that have been out of service for a period of 
more than 24 months from being brought back into service without the wlitten approval 
of the Commissioner of Enviromnental Protection. 
The amendment also directs the Department of Environmental Protection to report to 
the Fund Insurance Review Board data and associated information related to incidents of 
leaks or spills resulting from the double-walled underground oil storage tank exception to 
the otherwise mandatory replacement upon the expiration of the manufacturer's warranty. 
The amendment also directs the Department of Environmental Protection to amend 
its rules to allow the upgrading of secondary containment systems for underground oil 
storage tanks. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05115111 frac 
LD 721 
LR 1219(02) 
An Act To Extend the Use of Underground Storage Tanks 
Fiscal Note for Bill as Amended by Committee Amendment" A" 
~ - \ '9 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Allowing double-walled underground storage tanks (USTs) to remain in service for up to ten years beyond warranty 
expiration if precision and integrity tests are performed, extending the time period during which USTs taken out of 
service must be properly abandoned from 12 to 24 months, directing the Department of Environmental Protection 
(DEP) to report incident data to the Fund Insurance Review Board and directing the DEP to make rules allowing 
upgrading of secondary containment systems for USTs will result in minor additional costs that the DEP can absorb 
within existing budgeted resources. 
LRI219(02) - Fiscal Note - Page 1 of 1