Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS › Section 096-378-5 - Performance and design standards for the storage of petroleum products

Current through 2024-29, July 17, 2024
The owner or operator of an excavation or rock quarry where
				  more than 1320 gallons of petroleum products will be stored must submit a spill
				  prevention control and countermeasures plan to the Department for review at
				  least 45 days before beginning operation. The plan must detail the specific
				  measures for secondary containment, spill prevention control and
				  countermeasures, equipment maintenance, inspections, and staff training as
				  required by the Federal Environmental Protection Agency Regulation, 40 CFR 112.
				  The following standards address the storage of petroleum products at excavation
				  sites and rock quarries.
A.
Performance standards for secondary containment
(1) Secondary containment is required for all
				fixed storage of petroleum products. Secondary containment may be provided by
				concrete or steel dikes, earth berms, or the use of double-walled tanks. The
				volume of the storage capacity of the secondary containment structure must be
				at least 110% of the volume of the largest tank within that secondary
				structure, after allowing for the volume of tanks, footings and other solid
				objects within the containment structure.
(2) If onsite refueling is necessary for
				equipment, such as loaders, crushers, concrete batch facilities, and hot mix
				asphalt facilities, a specific refueling area must be designated, and located
				on impermeable material such as concrete or asphalt pavement.
(3) A minimum five-foot separation distance
				must be maintained between the lowest point of the containment structure
				(including sumps and drains) and the seasonal high water table.
(4) The filler tube for the fuel storage tank
				must be within the secondary containment structure or within a structure which
				drains to the secondary containment. Storage tanks must be equipped with
				direct-reading gauges and have a venting capacity suitable for the filling and
				withdrawal rates. Storage tanks must also be equipped with emergency vents as
				required by NFPA-30.
(5) If piping
				or hoses containing petroleum products or other potential contaminants cross
				areas likely to receive traffic, they must be protected from damage using best
				engineering practices. These lines may be elevated; this elevation must be
				clearly posted on the structure suspending the lines. If piping or hoses are
				installed in protective conduit, they must be installed such that they remain
				visible on all sides within the conduit. Fuel piping must not be buried or
				partially buried unless installed in accordance with the requirements of
				Chapter 691 of the Department's rules. Fuel piping must not be installed in
				direct contact with soil.
(6) The
				use of fuel, gasoline, or kerosene to prevent the adhesion of asphalt to truck
				beds is prohibited.
(7) Provisions
				must be made for the removal of precipitation from the containment structure,
				unless the containment area is enclosed within a structure or completely
				covered by a roof. Accumulated stormwater in a containment structures located
				within 300 feet of a surface water must be discharged through an oil/water
				separator to 15 ppm or less of oil and grease and may not have a visible sheen
				or other evidence of contamination. If accumulated stormwater is not treated to
				this level it must be transported off site by a licensed waste oil or hazardous
				waste contractor for disposal.
If the containment structure is located more than 300 feet
				  from surface water, removal of accumulated water requires a visual evaluation
				  of the water quality in the sump or low area of the structure. Any water
				  exhibiting a sheen, or containing tarry or greasy lumps or sludge, may not be
				  discharged onto the ground until the contamination is removed and no further
				  evidence of contamination is present. If the contaminated water cannot be
				  treated on site such that it no longer has any visible evidence of
				  contamination, it must be transported off site by a licensed waste oil or
				  hazardous waste contractor for disposal.
(8) The Department may as a condition of
				operation require the owner or operator to install monitoring wells in the
				vicinity of onsite petroleum product storage. If monitoring wells are required
				by the Department, groundwater must be monitored for MTBE, extractable
				petroleum hydrocarbons (EPH) and volatile petroleum hydrocarbons
				(VPH).
(9) The requirements for
				setback from drinking water supply wells for onsite fuel storage are as
				follows:
(a) A minimum 300-foot setback must
				be maintained between the fuel storage area and a private drinking water well
				not owned or controlled by the operator.
(b) Fuel storage areas must be at least 1000
				feet from a public drinking water well and are prohibited from the source water
				protection area of any public drinking water well, if the area is mapped by the
				Department of Health and Human Services as described under 30-A M.R.S.A.
				§2001(20-A).
NOTE: Variance options may be available under Chapter
				  692.