reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 685 - PAYMENT AND REIMBURSEMENT OF OIL TRANSFER FEES › Section 096-685-2 - Definitions

Current through 2024-29, July 17, 2024
The following terms as used in this rule have the following
				  meaning:
A.
Department.
"Department" means the Maine Department of Environmental Protection.
B.
Exported.
"Exported" means
				directly transported from an oil terminal facility to a location outside the
				borders of this state such that no oil is stored within the state except at the
				licensed oil terminal facility.
C.
Licensee.
"Licensee" means a person licensed to operate an oil
				terminal facility under
				38 M.R.S.
				§545 and chapter 600 of the Department's
				rules.
D.
M.R.S.
"M.R.S." means the Maine Revised Statutes.
E.
Oil.
"Oil" means oil, oil
				additives, petroleum products and their by-products of any kind and in any form
				including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil
				mixed with other non-hazardous waste, crude oils and all other liquid
				hydrocarbons regardless of specific gravity.
F.
Oil terminal facility.
"Oil
				terminal facility" means any facility of any kind and related appurtenances,
				located in, on or under the surface of any land or water, including submerged
				lands, that is used or capable of being used for the purpose of transferring,
				processing or refining oil, or for the purpose of storing the same, but does
				not include any facility used or capable of being used to store no more than
				1500 barrels or 63,000 gallons, nor any facility not engaged in the transfer of
				oil to or from waters of the State.
G.
Oil storage facility.
"Oil
				storage facility" means any aboveground or underground oil storage tank or
				tanks, together with associated piping, transfer and dispensing facilities, at
				single location for more than 4 months per year.
H.
Oil transfer fees.
"Oil
				transfer fees" means the fees assessed under
				38
				M.R.S. §551, sub-§
									4 on oil transferred by an oil terminal licensee
				or transported by a registered oil transporter.
I.
Registered oil transporter.
"Registered oil transporter" means a person required to register under
				38
				M.R.S. §545-B.
NOTE:
Section 545-B provides: "Effective October
				  1, 1988, any person who transports by rail or highway more than 25 barrels of
				  oil into Maine at any one time must register annually with the
				  commissioner."
J.
Transferred.
"Transferred" means both onloading and offloading
				between terminal and vessel and vessel to vessel.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 685 - PAYMENT AND REIMBURSEMENT OF OIL TRANSFER FEES › Section 096-685-3 - Payment

Current through 2024-29, July 17, 2024
Licensees and registered oil transporters shall remit oil
				  transfer fees to the Department on a calendar month basis using a form provided
				  by the Department, or an equivalent form approved by the Department, and shall
				  provide additional documentation related to the amount of oil transferred or
				  transported if requested by the Department. For any month in which no fee is
				  due, the licensee or registered oil transporter shall notify the Department of
				  that fact in writing but need not use the prescribed form.
To avoid a penalty for late payment, a check or money order
				  in the full amount due must be remitted to the Department on or before the last
				  day of the month immediately following the month in which the oil was
				  transferred in the case of a licensee or first transported into the State by
				  road or rail in the case of a registered transporter. The check or money must
				  be made payable to "Treasurer State of Maine" and mailed or delivered
				  to:
DEP-BRWM
Finance Unit
17 SHS, 28 Tyson Drive
Augusta ME 04333
NOTE:
Monthly, the Department provides licensees
				  and registered oil transporters with a form for use in calculating and
				  remitting oil transfer fees. The form lists the fees currently in effect,
				  including any surcharge imposed by the Clean-up and Response Fund Review Board
				  under chapter 4 of its rules. In adopting chapter 4, the Clean-up and Response
				  Fund Review Board has exercised its authority under
				  38
				  M.R.S. §551, sub-§ 4,(F), to adopt
				  a rule that increases the oil transfer fee whenever the balance in the Maine
				  Ground and Surface Waters Clean-up and Response Fund drops to $6 million or
				  less.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 685 - PAYMENT AND REIMBURSEMENT OF OIL TRANSFER FEES › Section 096-685-4 - Exported oil products

Current through 2024-29, July 17, 2024
Licensees and registered oil transporters who paid a fee
				  under section
				  3 to the Maine Ground and Surface
				  Waters Clean-up and Response Fund for petroleum products that are exported from
				  the State and remain out of state may apply for a refund of
(1) four cents per barrel for #6 fuel oil,
(2) thirty-eight cents per barrel
				of gasoline; and
(3) nineteen cents
				per barrel of #2 fuel oil, kerosene, jet fuel, diesel fuel, and other refined
				products and their by-products not otherwise specified in this section,
				excluding liquid asphalt.
as provided by
				  38
				  M.R.S. §551(4-B) by
				  submitting documentation required below.
The Department may not refund the fee if, prior to export,
				  the product was placed in an oil storage facility other than an oil terminal
				  facility licensed by the Department under
				  38 M.R.S.
				  §545. The Department may not refund the
				  fee if the products were initially exported out of the state and then imported
				  back into the state.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 685 - PAYMENT AND REIMBURSEMENT OF OIL TRANSFER FEES › Section 096-685-5 - Refunds

Current through 2024-29, July 17, 2024
The Department shall refund oil transfer fees deposited in
				  the Maine Ground and Surface Waters Clean-up and Response Fund upon receipt of
				  the following documentation within 12 months of transfer:
A. The name, address and telephone number of
				the person or company seeking the refund;
B. A list of each out-of-state shipment for
				which refund is sought including:
(1) The oil
				terminal facility from which the petroleum product was exported;
(2) The amount (in gallons or barrels) and
				type of petroleum product exported from the state;
(3) The amount paid in oil transfer
				fees;
(4) The invoice or bill of
				lading from export; and
(5) The
				out-of-state facility to which the petroleum product was delivered;
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 686 - STANDARDS FOR ASSESSING ABILITY TO PAY DEDUCTIBLES UNDER THE STATE INSURANCE PROGRAM FOR OIL STORAGE TANKS › Section 096-686-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule, have the following
				  meanings:
A.
Applicant.
"Applicant" means an owner or operator of an oil storage facility who has
				applied for coverage under the Fund Insurance Program.
B.
Commissioner
. "Commissioner"
				means the Commissioner of Environmental Protection.
C.
Department
. "Department"
				means the Department of Environmental Protection.
D.
Fund Insurance Program.
Fund
				Insurance Program means the State insurance program for owners and operators of
				oil storage facilities. The program as established under
				38 M.R.S.
				§568-A uses money from the Maine Ground
				and Surface Waters Clean-up and Response Fund to cover eligible clean-up costs
				and 3rd party damages associated with discharges
				from oil storage facilities.
E.
Maine Ground and Surface Waters Clean-up and Response Fund.
The
				"Maine Ground and Surface Waters Clean-up Fund" means the fund established
				under
				38
				M.R.S. §551 to be used by the Department
				in carrying out the purposes of Maine's oil laws,
				38 M.R.S.
				§§541 through
				570-L.
F.
M.R.S.
. "M.R.S." means the
				Maine Revised Statutes.
G.
Personal residence
. "Personal residence" means a residential
				structure owned and occupied at least seasonally by an applicant eligible for
				coverage by the Maine Ground and Surface Waters Clean-up and Response Fund. A
				residential structure that is leased to others at any time is not considered an
				applicant's personal residence.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 686 - STANDARDS FOR ASSESSING ABILITY TO PAY DEDUCTIBLES UNDER THE STATE INSURANCE PROGRAM FOR OIL STORAGE TANKS › Section 096-686-2 - Applicability

Current through 2024-29, July 17, 2024
An applicant determined by the commissioner or the State Fire
				  Marshal to be eligible for coverage under the Fund Insurance Program is
				  required under
				  38 M.R.S.
				  §568-A(2) to pay a
				  standard deductible and conditional deductibles to the extent applicable. The
				  commissioner may waive this requirement for deductibles assessed on an oil
				  storage facility serving the applicant's personal residence if the commissioner
				  determines the applicant does not have the financial resources to pay the
				  assessed deductible amount. This chapter sets forth the standards used by the
				  Department to assess an applicant's ability to pay.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 686 - STANDARDS FOR ASSESSING ABILITY TO PAY DEDUCTIBLES UNDER THE STATE INSURANCE PROGRAM FOR OIL STORAGE TANKS › Section 096-686-3 - Application required

Current through 2024-29, July 17, 2024
An applicant who believes they have insufficient financial
				  resources may ask the commissioner to waive the deductible. Requests for review
				  of an applicant's ability to pay must be submitted on a form provided by the
				  commissioner and include proof of income, such as copies of tax returns, Social
				  Security checks or yearly benefit statement, pension checks, bank statements or
				  other copies of other documentation approved by the commissioner. The
				  commissioner may request additional information from the applicant as needed to
				  reach a determination on the applicant's ability to pay the
				  deductible.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 686 - STANDARDS FOR ASSESSING ABILITY TO PAY DEDUCTIBLES UNDER THE STATE INSURANCE PROGRAM FOR OIL STORAGE TANKS › Section 096-686-4 - Application deadlines

Current through 2024-29, July 17, 2024
An applicant's request for a waiver of the deductible must be
				  returned to the Department within 30 days from the date of the commissioner's
				  cover letter transmitting the form to the applicant. The applicant may request
				  an extension of time by submitting a written request via e-mail or mail to the
				  departmental representative named in the cover letter. The request for an
				  extension shall be granted if reasonable cause is provided, however, the
				  request may be denied if it is unreasonable or if an applicant has repeatedly
				  requested extensions of time. The commissioner shall indicate in writing via
				  e-mail or mail whether the request for an extension has been granted or
				  denied.
If the applicant does not return the form and required
				  attachments within the allotted time, the commissioner may send a letter
				  stating that the request will be deemed withdrawn unless the applicant submits
				  all required information within 15 working days of the date the letter was
				  received. The letter shall be sent by certified mail, return receipt requested,
				  or by another delivery method that provides proof of delivery. If the requested
				  information is not received within the 15 day period, the commissioner may deem
				  that the waiver request has been withdrawn and the applicant remains liable for
				  the full amount due.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 686 - STANDARDS FOR ASSESSING ABILITY TO PAY DEDUCTIBLES UNDER THE STATE INSURANCE PROGRAM FOR OIL STORAGE TANKS › Section 096-686-5 - Review and decision

Current through 2024-29, July 17, 2024
The commissioner will evaluate the applicant's ability to pay
				  using the following criteria and will notify the applicant in writing of the
				  decision regarding the applicant's ability to pay the amount owed.
A. An applicant is qualified for a waiver of
				the deductible if:
(1) The applicant's total
				income does not exceed the low-income level limit for their family size as most
				recently published by the U.S. Department of Housing and Urban Development
				(HUD) for their city or county of residence;
(2) The applicant does not earn business
				income or capital gains; and
(3)
				The applicant does not earn more than $400 per year in interest or
				dividends.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 686 - STANDARDS FOR ASSESSING ABILITY TO PAY DEDUCTIBLES UNDER THE STATE INSURANCE PROGRAM FOR OIL STORAGE TANKS › Section 096-686-6 - Appeal

Current through 2024-29, July 17, 2024
An applicant who disagrees with the commissioner's waiver
				  decision may file an appeal with the Clean-up and Response Fund Review Board
				  pursuant to
				  38
				  M.R.S.
				  §568-B(2-C).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized under the
Oil Storage
				  Facilities and Ground Water Protection Law
,
				  38 M.R.S. §§
										561 -
				  570 -M.
				  These sections of Maine law authorize and direct the development of rules for
				  the registration, siting, design, installation, replacement, operation and
				  closure of underground oil storage facilities and tanks, except tanks used to
				  store propane, and the procedures, methods, means and equipment to be used in
				  the investigation of discharges and the removal of oil and petroleum
				  pollutants.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of this Chapter, consistent with
				  legislative policy, to provide necessary controls over underground oil storage
				  facilities to ensure the protection of Maine's ground water resources from oil
				  discharges and leaks and of public health, safety, welfare, and the overall
				  environment. It is also the purpose of this Chapter to require the
				  investigation and cleanup of oil discharges from aboveground oil storage tanks
				  associated with field constructed underground oil storage tanks and airport
				  hydrant systems.
NOTE: This Chapter incorporates by reference certain industry
				  codes and standards. Appendix R lists those codes and standards that are
				  incorporated by reference and the specific amended date for each
				  section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-4 - Registration of Underground Oil Storage Facilities

Current through 2024-29, July 17, 2024
A. All underground oil storage tanks and
				facilities must be registered regardless of use, size or type of petroleum
				product stored therein and regardless of whether the tanks and facilities are
				in service or out of service.
B. A
				person may not install, or cause to be installed, a new or replacement
				underground oil storage tank, piping or facility without first having:
(1) filed registration materials with the
				Commissioner in accordance with subsection I, which materials have been deemed
				complete by the Commissioner at least 10 business days but no more than 2 years
				prior to installation;
(2) sent a
				copy of the materials and any subsequent amendments to the chief administrative
				official of the municipality having jurisdiction, or in the case of an
				unorganized township to the Maine Land Use Planning Commission
				(LUPC);
(3) retained a copy to be
				made available on site to Department employees, agents or authorized
				representative and to municipal officials; and
(4) paid the registration fee in accordance
				with subsection J.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-5 - Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section and its requirements apply
				to all facilities and tanks used to store motor fuels or used in the marketing
				and distribution of oil to others, except where noted below.
(2) Tanks supplying fuel to a generator are
				considered a motor fuel tank and are governed by this section.
(3) This section does not apply to field
				constructed tanks and airport hydrant systems, which must comply with sections
				8 and
				10 of this Chapter, respectively.
NOTE: All new and replacement underground piping associated
				  with aboveground storage tanks must be installed, operated, maintained and
				  removed in accordance with these rules and
				  38 M.R.S.
				  §570-K.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-6 - Regulation of heating oil facilities used for consumption on the premises or by the owner or operator

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to all underground heating oil or process oil storage facilities used
				for consumption on the premises or by the owner or operator of the
				facility.
(2) This section does not
				apply to motor fuel, marketing, distribution facilities, waste oil facilities,
				field constructed tanks or heavy oil facilities except where specifically
				stated otherwise.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-8 - Regulation of field constructed underground oil storage tanks

Current through 2024-29, July 17, 2024
A.
Applicability
This section applies to all field constructed underground oil
				  storage tanks constructed of steel, concrete, fiberglass and other
				  materials.
NOTE: Owners and operators of field constructed underground
				  oil storage tanks should also review section
				  13 for additional requirements for
				  any associated aboveground oil storage tanks.
B.
Design and installation requirements
				for new and replacement tanks
(1)
				General design requirements
(a) Bare steel
				and asphalt coated steel tanks are prohibited.
(b) Concrete, fiberglass and riveted steel
				tanks are prohibited.
(c) All new
				and replacement steel tanks must be cathodically protected and coated with a
				suitable dielectric material. The cathodic protection system must be designed
				by a corrosion expert to adequately protect all parts of a tank from corrosion
				by maintaining a negative structure to soil potential of at least
				0.85 volts. Cathodic protection systems
				must be designed in accordance with NACESP 0285 "External Corrosion Control of
				Underground Storage Tank Systems by Cathodic Protection".
(d) New and replacement steel tanks must be
				designed by a professional engineer in compliance with Maine's professional
				regulation statute, and constructed in accordance with UL Standard
				1746, "Corrosion Protection Systems for
				Underground Storage Tanks", and API Standard 650 "Welded Steel Tanks for Oil
				Storage".
(e) Piping connected to
				field constructed tanks must be designed and constructed in accordance with the
				requirements of sections 5, 6,
				7,
				9 or
				10 depending on type of facility and
				piping system proposed.
(f) Tank
				systems must be constructed of materials that are chemically and physically
				compatible with the products stored in accordance with section
				5(B)(1)(b).
(g) In addition to the requirements and codes
				of practices listed in this section, owners and operators may use the military
				construction criteria, Unified Facilities Criteria (UFC) 3-460-01, Design:
				Petroleum Fuel Facilities when designing, constructing, and installing
				underground oil storage tank systems with field-constructed
				tanks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-9 - Regulation of facilities for the underground storage of heavy oils

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section applies to all underground
				oil storage facilities intended for storing or containing heavy oil, oil that
				must be heated during storage, including but not limited to #5 and #6
				oil.
(2) This section applies to #
				4 oil storage facilities only when the oil must be heated during
				storage.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-10 - Regulation of airport hydrant systems

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to all airport hydrant systems that are part of an underground oil
				storage facility which fuels aircraft and operates under high pressure with
				large diameter piping that typically terminates into one or more
				hydrants.
(2) Underground tanks
				storing aviation fuel must comply with section
				5 or
				8, as applicable.
NOTE: Owners and operators of airport hydrant systems should
				  also review section
				  13 for additional requirements for
				  any associated aboveground oil storage tanks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-11 - Regulations for closure of underground oil storage facilities

Current through 2024-29, July 17, 2024
A.
Facility closure requirements
(1) The owner or operator of an underground
				oil storage facility or tank that has been or is intended to be out of service
				for a period of more than 12 months must close the facility or tank in
				accordance with this section unless the tank owner has received written
				permission from the Commissioner to remain temporarily out of service in
				accordance with the requirements of subsection B below. Closure must include:
(a) Proper abandonment of tanks, piping and
				other facility components;
(b)
				Emptying and cleaning tanks of all liquids and accumulated sludge;
(c) Storage or disposal of removed tanks in
				accordance with this section;
(d)
				Completion of a site assessment in accordance with the requirements of Appendix
				P for all types of facilities or a portion thereof, except on-site consumptive
				use heating oil facilities (other than heavy oil facilities), and farm and
				residential motor fuel tanks of 1,100 gallons or less capacity and where the
				product is used only by the tank owner or operator; and
(e) Cleanup of discharges and leaks to the
				satisfaction of the Commissioner in accordance with section
				12.
NOTE: A site assessment and site assessment report are
				  required as part of facility or tank closure for heavy oil tanks but not for
				  #2, kerosene and other heating oils when stored and consumed on the same
				  premises. Only heating oils heated during storage meet the definition of heavy
				  oil in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-12 - Discharge and leak investigation, response and corrective action requirements

Current through 2024-29, July 17, 2024
A.
General
				requirements
(1) In accordance with
				38 M.R.S.
				§568, any facility owner or operator or
				other responsible party, as defined in
				38 M.R.S.
				§562-A(17), when a
				leak, spill or other prohibited discharge of oil occurs, shall immediately
				contain and undertake to remove that discharge to the satisfaction of the
				Commissioner, and in accordance with the requirements of this section. In
				determining the extent of a corrective action, the Commissioner and the
				Commissioner's staff shall consider the potential for human exposure and for
				adverse effects on public safety, health and welfare and the environment. The
				Commissioner will consider at a minimum the following factors in determining
				whether the corrective action plan is appropriate:
(a) The physical and chemical characteristics
				of the oil discharge, including its toxicity, persistence, and potential for
				migration;
(b) The hydrogeologic
				characteristics of the site and the surrounding areas;
(c) The proximity, quality, and current and
				future uses of nearby surface water and ground water, including the Maine water
				quality classification standards and objectives to restore and maintain the
				chemical, physical and biological integrity of the State's waters;
(d) The potential effects of residual
				contamination on nearby surface water and ground water;
(e) An exposure assessment; and
(f) Any information assembled in compliance
				with this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-13 - Regulation of wastewater treatment tank systems and aboveground oil storage tanks

Current through 2024-29, July 17, 2024
A.
Applicability
This section applies to the following types of tanks:
(1) A wastewater treatment tank system that
				meets the definition of an underground oil storage tank and that is not
				regulated by the
Clean Water Act
§§402 or 307(b)
				(1972) (
				33 U.S.C., §
											1317(b) or §
										1342
				(2016)); and
(2) Aboveground oil
				storage tanks that are associated with field constructed underground oil
				storage tanks and airport hydrant systems.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Section 096-691-14 - Severability

Current through 2024-29, July 17, 2024
If any provision of this Chapter is declared invalid or
				  ineffective by a court decision, the decision does not invalidate any other
				  provision of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Appendix 096-691-C - Requirements for Pneumatic (Air) and Other Pre-installation Tightness Testing

Current through 2024-29, July 17, 2024
For Piping and Tanks
1. Air pressure testing of tanks and piping shall only be
				  performed on new, empty tanks and piping, which have never contained product,
				  and the manufacturer has not specified an alternate means of tightness
				  testing.
2. When conducting an air pressure test on metallic tanks or
				  piping, all external joints, seams and connections shall be soaped.
3. The test shall be maintained for a minimum of 1 hour, and
				  all soaped areas shall be visually inspected for bubbles or any other
				  indication of a leak.
4. Any loss of pressure or appearance of bubbles shall
				  constitute failure of the test.
Piping
5. Underground piping shall be physically isolated from the
				  tank prior to the test.
6. Underground primary piping shall be air tested to 150
				  percent of the maximum anticipated pressure of the system, but not less than
				  fifty (50) pounds per square inch (psi) gauge at the highest point of the
				  system.
7. Underground secondary piping must be tightness tested
				  before being backfilled in accordance with manufacturers' instructions.
Tanks
8. Tanks shall be tested before being covered, enclosed or
				  placed in service.
9. Primary tanks must be air tested at not less than three
				  (3) pounds per square inch (psi) and not more than five (5) pounds per square
				  inch (psi) gauge. Gauges used during air testing of tanks must have a maximum
				  limit of 10-15 pounds per square inch (psi).
10. The interstitial space of double-walled tanks must be
				  tightness tested following the manufacturer's instructions.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Appendix 096-691-I - Sample Daily Inventory Reporting Log

Current through 2024-29, July 17, 2024
KEEP THIS COMPLETED FORM FOR 3 YEARS
MONTHLY FUEL REPORT/DAILY INVENTORY
Month/Year
Facility & Location: Registration Number:
Tank Size and Fuel Type: Certified By:
Date
Opening Inventory (Book Inventory of Previous
							 Day)
Gallons Pumped
Gallons Delivered
Book Inventory Balance
Closing Stick Inventory
Cumulative Over or <Short>
Inches Water
Initials
Math Check
-
+
=
Leak Check:
Sum of Gallons Pumped () x
							 .01 =
IF THE ABSOLUTE VALUE OF THE" CUMULATIVE OVER OR
							 SHORT" ON THE LAST DAY OF THE MONTH IS GREATER THAN LEAK CHECK RESULT, IT IS
							 CONSIDERED EVIDENCE OF A POSSIBLE LEAK AND YOU MUST NOTIFY DEP AT (207)
							 287-7688.
Log Sheet #1
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Appendix 096-691-M - Cathodic Protection Tester Certification Requirements

Current through 2024-29, July 17, 2024
1. The requirements of this appendix apply only to
				  individuals not certified by the Maine Board of Underground Tank Installers for
				  underground oil storage facility installation. Maine Certified Underground Oil
				  Storage Tank Installers are considered to meet the definition of a cathodic
				  protection tester as long as their installer certification remains
				  valid.
2. An underground oil storage tank inspector is approved by
				  the Commissioner as a cathodic protection tester when certified by the Maine
				  Board of Underground Storage Tank Installers in accordance with
				  32 M.R.S.
				  §10010(6)(C).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 691 - RULE FOR UNDERGROUND OIL STORAGE FACILITIES › Appendix 096-691-N - Corrosion Expert Certification Requirements

Current through 2024-29, July 17, 2024
1. The Commissioner may certify a person as a corrosion
				  expert on finding that the person has a thorough knowledge of the physical
				  sciences and the principles of engineering and mathematics acquired by
				  professional education and related practical experience and is qualified to
				  engage in the practice of corrosion control on buried or submerged metal piping
				  systems and metal tanks. Only individuals may be certified.
2. Criteria for certification by the Commissioner
A. Documentation of valid certification by the NACE as a
				  qualified corrosion expert; or
B. Registration as a professional engineer in Maine, and
				  certification or licensing, by a professional organization or educational
				  institution other than NACE, based on adequate education and experience in
				  corrosion control of buried or submerged metal piping systems and metal
				  tanks.
3. Application procedures
A. On an application form provided by the Commissioner,
				  applicants must provide the following information and certify its
				  accuracy.
(1) Applicant's name, business mailing address, and telephone
				  number;
(2) Documentation of NACE or other professional or
				  educational institution's certification;
(3) Documentation of Maine registration as a professional
				  engineer, if needed;
(4) Description of relevant work experience, college courses
				  (including transcript) and other technical training courses; and
(5) Three written professional references.
B. Upon the review and approval of an application as meeting
				  all the certification criteria of this Chapter and
				  38 M.R.S.
				  §567-A(2), the
				  Commissioner shall issue a certificate valid for 12 months.
C. Requests for recertification must be made to the
				  Commissioner in writing 30 days prior to expiration of the existing
				  certificate. The Commissioner may deny a request for recertification request on
				  any one of the following grounds: a documented improper installation of
				  corrosion protection not in accordance with the requirements of this Chapter;
				  the expiration or loss of NACE or other professional certification; or loss of
				  a valid professional license as a registered Maine professional engineer. An
				  individual who has lost his or her certification may reapply after 12 months
				  for recertification consistent with requirements of paragraph 2 above.
D. The Commissioner may undertake enforcement actions
				  corrosion experts for violations of this Chapter, in accordance with the
				  provisions of
				  38 M.R.S.
				  §347-A.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Section 096-692-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this chapter is to protect drinking water
				  resources from oil contamination by controlling the location of oil storage
				  facilities consistent with legislative policy under
				  38
				  M.R.S.§1391.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Section 096-692-3 - Prohibition on facilities in wellhead protection zones

Current through 2024-29, July 17, 2024
A person may not install or cause to be installed an oil
				  storage facility in a wellhead protection zone. For the purposes of Section
				  3(A)(2) and (3), the oil storage facility owner shall notify the local public
				  water utility or other community public water provider, if any, of their
				  expansion or conversion intentions prior to the installation of any
				  tanks.
A.
Exceptions.
The
				prohibition of this section does not apply to:
(1) An underground oil storage facility in
				existence on September 30, 2001 or an aboveground oil storage facility in
				existence on September 30, 2008;
(2) The replacement or expansion of an
				underground oil storage facility in existence on September 30, 2001 or an
				aboveground oil storage facility in existence on September 30, 2008 as long as
				the replacement or expansion occurs on the same property. The facility must
				meet all applicable requirements of Chapter 34 and Chapter 691 and, in the case
				of replacement, the facility owner:
(a) Within
				30 days after removal of the existing facility, notifies the Commissioner in
				writing of the owner's intent to replace the facility and:
(i) If located in an organized area, notice
				must also be provided to the municipal code enforcement officer; or
(ii) If located in an unorganized or
				deorganized area, notice must also be provided to the Office of County
				Commissioners and the Maine Land Use Planning Commission (LUPC); and
(b) Commences construction of the
				replacement facility within two years and completes construction within five
				years after removal of the existing facility;
(3) The conversion of an aboveground oil
				storage facility permitted by the Fire Marshal and in existence on September
				30, 2001 to an underground oil storage facility or the conversion of an
				underground oil storage facility to an aboveground oil storage facility as long
				as the conversion occurs on the same property. The facility mustmeet all
				applicable requirements of Chapter 691 and Chapter 34.
(4) A facility used solely to store heating
				oil for consumption on the premises;
(5) Facility components, such as buildings
				and parking lots, that are not designed or intended to contain oil in a liquid
				or vapor phase; or
(6) The wellhead
				protection zone of a well located on the same property as the facility and
				serving only users of that property.
This subsection may not be interpreted to allow the
				  conversion, expansion or replacement of an underground oil storage tank or
				  underground oil storage facility subject to the abandonment requirements of
				  38
				  M.R.S. §566-A and Chapter 691§11.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Section 096-692-5 - Design standards

Current through 2024-29, July 17, 2024
The design of a proposed facility granted a variance under
				  sections
				  3(B),
				  4(C),
				  4(D) or
				  4(E) must meet the
				  requirements of this section.
A. The
				facility must be designed, installed, operated and monitored with a combination
				of leak detection and spill prevention equipment, discharge monitoring
				equipment, or other engineering, operational and monitoring measures that
				collectively are more stringent than state and federal requirements as
				determined by the Commissioner to effectively minimize the risk of oil
				discharges and the likelihood of future ground water contamination; and
NOTE:
The following are examples of an
				  acceptable combination of leak detection and spill prevention equipment and
				  discharge monitoring equipment: overfill alarms and positive shut-off devices,
				  remote leak detection alarms, electronic solenoid valves, pump shut-off probes
				  with telemetry, electronic line leak detectors, and concrete pads in tank
				  refueling areas.
B. The
				facility must implement a Commissioner-approved facility-specific communication
				and training program to address potential catastrophic releases due to
				equipment failure, delivery accidents and human error.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Section 096-692-6 - Variance procedure

Current through 2024-29, July 17, 2024
Processing of applications for a variance under sections
				  3 and
				  4 including, but not limited to,
				  application requirements, public notice, and appeal procedures, are governed by
				  the Department's
Rule Concerning the Processing of Applications and
				  Other Administrative Matters
, 06-096 C.M.R.ch. 2, except as specified
				  below.
A.
Application
				requirements.
Requests for variance from the siting restrictions of this
				Chapter must be submitted in writing on forms provided by the Commissioner. In
				addition to the information required under Chapter 2§11, the application
				must include at a minimum the following information:
(1) The registration materials required under
				Chapter 691§
										4;
(2) The names and mailing addresses of all
				abutters to the property on which the facility is proposed;
(3) A plan view of the proposed facility
				showing the precise location and footprint of all facility components that will
				contain oil in either a liquid or vapor phase;
(4) The map coordinates of each corner of the
				facility footprint and any proposed ground water monitoring wells to sub-meter
				precision and accuracy in a format compatible with the State of Maine
				Geographical Information System;
NOTE
: The Maine Geographic Information System
				  (GIS) uses as a standard the Universal Traverse Mercator (UTM) system. The
				  datum system used is the NAD83 (North American Datum 1983) version.
(5) If a variance is sought under
				section
				3(B) or (C) of this
				chapter, a written report supporting the variance request. If the report
				includes ground water quality or other hydrogeological data that was collected
				and interpreted in support of the variance request, the data and its written
				analysis must be certified by a Maine-certified geologist. If the variance
				request is based on a municipal land use ordinance, the report must include a
				copy of the relevant sections of the ordinance and a copy of the relevant land
				use mapping, certified by an authorized official of that municipality as being
				current and true copies. The proposed facility site location must be accurately
				shown on the land use map; and
(6)
				If a variance is sought under sections
				3(B),
				4(C),
				4(D) or
				4(E) of this chapter,
				facility design meeting the standards of section
				5 and a narrative explaining how the
				enhancements will effectively minimize the risk of oil discharges and the
				likelihood of future ground water contamination.
NOTE:
A pre-application meeting with the
				  Department is recommended to ensure the applicant understands the variance
				  requirements as they may apply to the specific proposed facility site. Such
				  meetings usually avoid misunderstandings of expectations and processing
				  delays.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Appendix 096-692-A - Determination of the Water Supply Potential of a Proposed New Oil Storage Facility on a Mapped Significant Sand and Gravel Aquifer

Current through 2024-29, July 17, 2024
If the proposed facility site falls within a significant
				  sand and gravelaquifer mapped as potentially yielding 10 or more gallons per
				  minute (gpm) but no more than 50 gpm (moderate yield) or more than 50 gpm (high
				  yield), the applicant may implement a Commissioner-approved hydrogeological
				  evaluation to verify the actual aquifer yield at the location of the proposed
				  facility.
The hydrogeological evaluation must determine to the
				  Commissioner's satisfaction the well yield from a properly constructed well in
				  the sand and gravel aquifer beneath the site.The hydrogeological plan and
				  associated fieldwork must be completed by a Maine-certified geologist with
				  demonstrated experience in hydrogeology. A written report, signed and certified
				  by the Maine-certified geologist supervising the work, must be submitted to the
				  Department for review and approval.
The Sand and Gravel Aquifer Mapping Program at the Maine
				  Geological Survey has used a single-borehole evaluation to estimate the
				  projected long-term yield of aquifers. The techniques are described on pages 15
				  to 18 of Maine Geological Survey Open File No. 98-2, Hydrogeology and Water
				  Quality of Significant Sand and Gravel Aquifers in Parts of Piscataquis and
				  Somerset Counties, Maine, 1998, Nichols, W. J., Neil, C. D., Locke, D. B. and
				  Foley, M. E. (authors). Using this method, a single borehole is advanced to the
				  bedrock surface with continuous soils sampling. Geological information
				  including material observations and aquifer thickness, along with the grain
				  size analysis of the representative soils in the overburden is used to
				  calculate the aquifer transmissivity and to estimate the long-term yield of a
				  well at that location. The Commissioner may consider other methods of aquifer
				  evaluation based on the available hydrogeologic data of the aquifer if the data
				  is considered to be applicable to the site under consideration.
NOTE: Copies of the above referenced technical document are
				  available from the Department or the Maine Geological Survey.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 693 - OPERATOR TRAINING FOR UNDERGROUND OIL, HAZARDOUS SUBSTANCE, AND FIELD CONSTRUCTED UNDERGROUND OIL STORAGE FACILITIES, AND AIRPORT HYDRANT SYSTEMS › Section 096-693-1 - Purpose

Current through 2024-29, July 17, 2024
This rule seeks to reduce releases of oil and hazardous
				  substances to the environment by ensuring that operators of certain underground
				  oil and hazardous substance storage facilities are properly trained. The
				  requirements of this chapter are intended to satisfy the minimum training
				  requirements specified by the United States Environmental Protection Agency
				  pursuant to
				  42 U.S.C. §
										6991i (2016).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 693 - OPERATOR TRAINING FOR UNDERGROUND OIL, HAZARDOUS SUBSTANCE, AND FIELD CONSTRUCTED UNDERGROUND OIL STORAGE FACILITIES, AND AIRPORT HYDRANT SYSTEMS › Section 096-693-2 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this chapter, have the
				  following meanings:
A.
Aboveground oil storage tank.
"Aboveground oil storage tank" means
				any aboveground container, less than 10% of the capacity of which is beneath
				the surface of the ground, that is used or intended to be used for the storage
				or supply of oil. Included in this definition are any tanks situated upon or
				above the surface of a floor and in such a manner that they may be readily
				inspected. Drums or other storage containers that have capacity of 60 gallons
				or less and oil-containing electrical equipment are not included in this
				definition.
A-1.
Airport Hydrant
				System.
"Airport Hydrant System" means large diameter piping that fuels
				aircraft, operates under high pressure, is part of an underground oil storage
				facility and typically terminates into one or more
				hydrants.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 693 - OPERATOR TRAINING FOR UNDERGROUND OIL, HAZARDOUS SUBSTANCE, AND FIELD CONSTRUCTED UNDERGROUND OIL STORAGE FACILITIES, AND AIRPORT HYDRANT SYSTEMS › Section 096-693-3 - Applicability

Current through 2024-29, July 17, 2024
The requirements of this chapter apply to underground storage
				  facilities, including but not limited to, those used for the storage of motor
				  fuels, hazardous substances or waste oils and those used in the marketing and
				  distribution of oil. The requirements of this chapter do not apply to:
A. Farm or residential tanks less than or
				equal to 1,100 gallons containing motor fuels for non-commercial use;
				and
B. Tanks used for storing
				heating oil for consumptive use on the premises regulated under 06-096 CMR 691,
				§
									6.