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-P - Requirements for a Site Assessment at Facility Closure or Tank Abandonment

Current through 2024-29, July 17, 2024
1. The purpose of a site assessment for facility closure or
				  abandonment is to determine if discharges of oil have occurred requiring
				  notification of the Commissioner and corrective action by the owner, operator
				  or another responsible party.
2. General requirements
A. A site assessment meeting all the requirements of this
				  appendix must be completed prior to the completion of facility closure or the
				  abandonment of any portion of a facility in accordance with section
				  11. This includes abandonment of only
				  piping.
B. Site assessor qualifications. If a tank or facility is
				  located within a sensitive geologic area, as defined by this Chapter, the site
				  assessment must be supervised by, and the site assessment report must be
				  certified by, a Maine certified geologist, licensed professional engineer, or
				  other persons meeting the requirements of Maine's professional regulation
				  statutes and regulations for geologists or professional engineers practicing in
				  Maine. As provided under
				  38 M.R.S.
				  §563-B(1), the closure
				  site assessment for facilities not located in a sensitive geologic area are
				  exempt from the above qualification standards for the person conducting the
				  assessment.
C. The findings of all site assessments conducted pursuant to
				  this Chapter must be presented in a written report with supporting data,
				  addressing the requirements of this appendix.
D. One paper copy and one digital PDF version of all site
				  assessment reports conducted pursuant to this Chapter must be submitted to the
				  Commissioner by the facility owner within 45 days of tank and piping removal or
				  abandonment in place. The paper copy must be in an envelope endorsed "UST Site
				  Assessment" and sent to the following address: UST Program Administrator,
				  MDEP-BRWM, 17 SHS, Augusta ME 04333-0017. Electronic submittals must be
				  submitted to UST. Site. Assessment@maine.gov with the tank registration #,
				  address and municipality in the subject line.
If a site assessment finds evidence of a discharge or
				  contamination above a notification level in Appendix Q, an additional paper
				  copy of the site assessment report must be submitted at the same time, to the
				  chief municipal official of the municipality within which the facility is
				  located or to the county commissioners if located in an unorganized
				  township.
NOTE: Upon receipt of a site assessment report, the
				  Commissioner will review and determine if further investigation or remediation
				  is needed in addition to any completed at the time of the facility abandonment
				  in accordance with section
				  12.
E. Site assessment reports must follow the general format and
				  include the following information:
(1) A completed summary cover sheet using the, form attached
				  to this appendix;
(2) A description of the purpose of the site assessment per
				  Appendix P (1),a description of the tanks and piping to be removed or abandoned
				  in place, and a description of the areas to be assessed in the site
				  assessment;
(3) Identification of the facility name and site
				  location;
(4) A description of the facility and site history under
				  Appendix P(5) when evidence of a discharge or contamination above notification
				  levels in Appendix Q is found;
(5) Identification of all potential receptors under Appendix
				  P(4) when evidence of a discharge or contamination above notification levels in
				  Appendix Q is found;
(6) Description of the site assessment methods utilized,
				  including field instrument methods, laboratory methods and quality
				  assurance/quality control (QA/QC) procedures followed;
(7) Findings of the site assessment, including field and
				  laboratory analytical results for all soil and water samples collected, a site
				  plan showing the location and sample number of all soil and water samples;
				  and
(8) Recommendations and conclusions.
F. The Commissioner may require sample location and quality
				  data to be submitted in an electronic format compatible with the Maine
				  Environmental and Geographic Analysis Database (EGAD). The format for such data
				  will be provided by the Commissioner.
G. Exception for the removal of flexible primary piping when
				  piping is being replaced. The site assessment requirements in paragraphs 2(B)
				  through 2(E) do not apply to the removal of the flexible primary piping of
				  double-walled piping when conducted in accordance with section
				  5(B) (6-A) of this
				  Chapter and the following requirements.
(1) Prior notification by the facility owner or operator of
				  the piping abandonment to the Commissioner and the municipality is provided in
				  accordance with section
				  11(F) of this
				  Chapter.
(2) Upon removal, the entire length of primary piping is
				  visually inspected by a Maine Certified Underground Oil Storage Tank Installer
				  and the physical condition and the integrity of the piping is documented,
				  including any evidence of a discharge or leak.
(3) The Certified Underground Oil Storage Tank Installer
				  submits to the Commissioner and the facility owner or operator the findings of
				  the visual inspection on a reporting form provided by the Commissioner within
				  30 days of the piping abandonment and removal.
(4) Any oil discharge is reported to the Commissioner within
				  2 hours of discovery.
3. The following facility and site location information must
				  be included in all site assessments:
A. Mailing and street address of facility;
B. Tax map and lot number;
C. Whether it is located in a sensitive geologic area as
				  defined by this Chapter; and
D. UTM, longitude/latitude decimal coordinates, or Google
				  Earth satellite photograph or comparable map showing the precise location of
				  the facility dispensers, tanks, and piping runs.
4. The following information regarding potential receptors
				  must be provided where contamination or evidence of a discharge of oil has been
				  found:
A. A description of surrounding land uses and the extent of
				  public drinking water service to all abutters and the surrounding area. A
				  facility layout plan showing locations of property boundaries, tanks, product
				  and vent lines, dispensers, subsurface waste water disposal systems, dry wells,
				  floor drains, sewer lines and underground utilities;
B. Type of oil products discharged; and
C. Recommendations regarding the need for further
				  investigation of the extent of contamination and the objectives of the
				  remediation of the oil discharge, including the following:
(1) Free product and oil saturated soils;
(2) Protection and remediation of ground water, private
				  public drinking water supplies, public drinking water supplies and their source
				  water protection areas mapped by the Maine Drinking Water Program, and
				  significant sand and gravel aquifers mapped by the Maine Geological
				  Survey;
(3) Petroleum vapor intrusion or indoor air quality;
(4) Direct human contact to contaminated soils; and
(5) Surface water bodies.
5. If evidence of a discharge of oil is found, the site
				  assessment must also include the following facility and site history
				  information:
A. Product storage and distribution system history,
				  including:
(1) Location of tanks or piping previously abandoned in
				  place;
(2) Type of oil products most recently stored;
B. A list of all known prior oil and hazardous substance
				  discharges and their Commissioner assigned spill number; and
C. Summary of the findings of previous available site
				  assessments and contamination investigations.
6. Site assessment requirements for the removal of heavy oil
				  storage facilities.
A. Tanks, piping and other underground facility components
				  must be inspected visually upon removal for presence of holes, loose fittings
				  and joints, cracks, fractures and evidence of oil stains. If any of the
				  conditions above are found the facility owner or operator shall notify the
				  Commissioner of the occurrence of a discharge within 2 hours of
				  discovery.
B. The tank and piping excavation must be inspected visually
				  for any evidence of a discharge of oil; including oil stained or saturated
				  soil, strong petroleum vapors emitted from soil or free product or an oil sheen
				  on ground water in the excavation. The presence of any of the above conditions
				  is considered an indication of a discharge of oil and must be reported to the
				  Commissioner within 2 hours of discovery by the facility owner or operator and
				  before the excavation hole is filled. The owner shall immediately proceed with
				  an investigation and corrective action measures in accordance with section
				  12.
C. The entire facility must be inspected visually for surface
				  spills and discharges. Such spills and discharges must be reported to the
				  Commissioner in accordance with section
				  12(A).
D. Upon visual discovery of evidence of a leak or discharge
				  of oil at a heavy oil facility and reporting such to the Commissioner, the site
				  assessment investigation at the time of closure may be terminated, except where
				  a tank or piping was located on or in bedrock in which case the presence of
				  contaminated ground water must be investigated in accordance with paragraph 9
				  below.
7. Site assessment requirements for motor fuel and marketing
				  and distribution facilities when tanks or piping are removed and immediately
				  replaced, or when an operating facility will remain.
A. Applicability. The requirements of this section apply when
				  an underground oil storage facility or a portion thereof, is removed and then
				  replaced with a new underground oil storage facility on the same land parcel,
				  utilizing all or part of the same tank excavation hole. The requirements below
				  also apply to situations when only a portion of a facility is removed and other
				  parts of the facility remain in operation.
B. Tanks, piping and other underground facility components
				  must be inspected visually upon removal for presence of holes, loose fittings
				  and joints, cracks, fractures and evidence of oil stains. If any of the
				  conditions above are found the facility owner or operator shall notify the
				  Commissioner of the occurrence of a discharge within 2 hours of
				  discovery.
C. The tank and piping excavation must be inspected visually
				  for any evidence of a discharge of oil; including oil stained or saturated
				  soil, strong petroleum vapors emitted from soil or free product or an oil sheen
				  on ground water in the excavation. The presence of any of the above conditions
				  is considered an indication of a discharge of oil and must be reported to the
				  Commissioner within 2 hours of discovery by the facility owner or operator and
				  before the excavation hole is filled. The owner shall immediately proceed with
				  an investigation and corrective action measures in accordance with section
				  12.
NOTE: OSHA regulations governing entering excavations and
				  confined spaces should be strictly followed. Excavations should not be entered
				  if above 20 percent of the Lower Explosive Limit (LEL), or less than 19.2
				  percent or greater than 25 percent oxygen.
D. The entire facility must be inspected visually for surface
				  spills and discharges. Such spills and discharges must be reported to the
				  Commissioner in accordance with section
				  12(A) of this
				  Chapter.
E. Oil contaminated soil assessment. Soil in the tank and
				  piping excavation holes and under removed dispensers, as well as areas of
				  identifiable surface spills, must be evaluated for oil contamination by one of
				  the methods specified in Appendix Q.
8. Site assessment requirements for waste oil facilities, and
				  motor fuel and marketing and distribution facilities when a facility is removed
				  but not immediately replaced.
A. Applicability. The following requirements apply to all
				  waste oil facilities. They also apply to motor fuel and marketing and
				  distribution facilities when an underground oil storage facility is fully
				  closed and removed without a replacement facility being immediately
				  installed.
B. Tanks, piping and other underground facility components
				  must be inspected visually upon removal for presence of holes, loose fittings
				  and joints, cracks, fractures and evidence of oil stains. If any of the
				  conditions above are found the facility owner or operator shall notify the
				  Commissioner of the occurrence of a discharge within 2 hours of
				  discovery.
C. The tank and piping excavation must be inspected visually
				  for any evidence of a discharge of oil; including oil stained or saturated
				  soil, strong petroleum vapors emitted from soil or free product or an oil sheen
				  on ground water in the excavation. The presence of any of the above conditions
				  is considered an indication of a discharge of oil and must be reported to the
				  Commissioner within 2 hours of discovery by the facility owner or operator and
				  before the excavation hole is filled. The owner shall immediately proceed with
				  an investigation and corrective action measures in accordance with section
				  12.
D. The entire facility must be inspected visually for surface
				  spills and discharges. Such spills and discharges must be reported to the
				  Commissioner in accordance with section
				  12(A).
E. The facility and the surrounding area are to be evaluated
				  prior to the facility removal to identify potential receptors and exposure
				  pathways to facilitate remediation decisions in the event a discharge is
				  discovered. At a minimum, these should include public drinking water supplies
				  and their source water protection areas mapped by the Maine Drinking Water
				  Program, private drinking water supplies, significant sand and gravel aquifers
				  mapped by the Maine Geological Survey, surface water bodies, and occupied
				  buildings potentially at risk in the event of vapor intrusion pathways. If
				  known, the next land use of the facility parcel is to be identified and the
				  potential for residents, recreation users, outdoor commercial workers and
				  construction workers to be exposed to oil contaminated soils evaluated.
F. Oil contamination assessment. Soil in the tank and piping
				  excavation holes and under dispensers, as well as areas of identifiable surface
				  spills, are to be evaluated for oil contamination by one of the methods
				  specified in Appendix Q.
9. Requirements for facilities installed on or in bedrock. In
				  addition to other applicable site assessment requirements in this appendix,
				  when a tank or piping run has been installed onto or in bedrock without
				  adequate soil backfill or bedding to test for soil contamination, a minimum of
				  two (2) down gradient ground water monitoring wells must be installed under the
				  supervision of a Maine certified geologist or Maine licensed professional
				  engineer in addition to above requirements of this appendix. Additional wells
				  may be required by the Commissioner for tanks with more than 20,000 gallons
				  capacity. Monitoring wells must be sampled for visual and olfactory evidence of
				  oil as well as for dissolved phase product using a hydrocarbons laboratory
				  analysis method meeting the requirements of Appendix S and appropriate for the
				  oil products stored at the facility in the past. The detection of oil
				  contamination must be reported to the Commissioner within 2 hours by the
				  facility owner or operator. This paragraph applies to all removed facilities
				  required to do a site assessment, including heavy oil facilities.
10. Site assessment requirements when tanks and piping are
				  abandoned in place.
A. The requirements of this section apply whenever a facility
				  or any portion of a facility are abandoned in place and are not removed. If a
				  tank, piping section or other underground component is not removed, these
				  requirements only apply to that particular portion of the entire
				  facility.
B. Prior approval is required for abandonment in place in
				  accordance with section
				  11(E).
C. All visible portions of the facility must be inspected for
				  evidence of a leak, spill, overfill or other discharge, including areas around
				  the fill and vent pipes.
D. Evidence of contaminated soils from a tank leak must be
				  determined by either of the methods below:
(1) A minimum of two soil borings must be made per tank,
				  located as close as technically feasible to intersect any oil contamination
				  from the surface to below the estimated depth of the tank bottom or to bedrock
				  or below the ground water table, whichever is shallower. An additional number
				  of borings may be required by the Commissioner for tanks with more than 20,000
				  gallons capacity. The borings must be logged and screened continuously for
				  visual evidence of oil stained and saturated soils, and oil vapors using a
				  photo or flame ionization field instrument as removed from the ground. A sample
				  must be taken from soil showing the highest reading for field analysis using a
				  method outlined in paragraph 1 of Appendix Q or another Commissioner approved
				  method of comparable accuracy and sensitivity.
(2) Other subsurface investigation methods approved by the
				  Commissioner.
E. If piping cannot be removed such that entire excavation
				  can be inspected, evidence of an oil discharge from the piping is to be
				  evaluated using a methodology appropriate for the site conditions and approved
				  in advance by the Commissioner.
F. When a facility was installed on or into bedrock, when
				  borings encounter bedrock before reaching an elevation below that of the bottom
				  of the tank or piping, or when ground water is encountered prior to reaching
				  the depth below that of the tank or piping; a minimum of two ground water
				  monitoring wells must be installed down gradient, as close as feasible. For
				  tanks greater than 20,000 gallons capacity, the Commissioner may require
				  additional monitoring wells. Monitoring wells samples must be inspected for
				  visual and olfactory evidence of oil as well as analyzed for dissolved phase
				  gasoline, diesel fuel or heating oil, depending on the oil products stored at
				  the facility in the past. Only results from a laboratory method meeting the
				  requirements of Appendix S will be accepted by the Commissioner. The detection
				  of oil contamination must be reported to the Commissioner within 2 hours by the
				  facility owner or operator.
G. When the above site assessment procedures for a facility
				  to be abandoned in place are not technically feasible, another procedure may be
				  used when approved by the Commissioner prior to the initiation of facility
				  closure.
11. After-the-fact site assessments. For circumstances when
				  an underground oil storage facility was previously removed without a site
				  assessment to determine if oil contamination is present, a site specific
				  investigation and sampling plan is required. Such a sampling plan should at a
				  minimum include soil borings, test pits or other similar invasive means to
				  collect soil samples to the depth of a typical tank installation, and describe
				  the field and/or laboratory analytical methods proposed for use. The sampling
				  plan must be submitted in advance of conducting the work for Commissioner
				  approval. The Commissioner may require sampling of ground water, drinking water
				  supplies, or surface water where warranted.
Chapter 691 Summary Cover Sheet Form for Underground Oil
				  Storage Facility Site Assessment
The purpose of a site assessment for facility closure or
				  abandonment is to determine if discharges of oil have occurred requiring
				  notification of the Commissioner and corrective action by the owner, operator
				  or another responsible party.
Facility Registration Number:
Municipality Where Facility Located:
Tax Map and Lot Numbers:
Facility
Owner
Operator
Name
Company
Address
City, State and Zip
Phone
Facility hydro geological information to be verified by
				  site assessor: Enter No or Yes below.
Facility in Sensitive Geological Area?
Sand & Gravel Aquifer?
<= 1000' From Public Water Well/Intake?
<= 300' Private Water Well/Intake?
"Evidence" of a Discharge or Contamination Above a
							 Notification Level? Yes [] No []
If Yes, Enter Spill #
DEP Responder Name:
For facilities assessed: Enter tank & piping
				  (chamber #) information below. For tank and piping status enter closed (C), not
				  closed (NC), removed (R) or abandoned in place (AIP).
Provide reference
				  to report narrative for clarifications or inconsistencies with Notice of Intent
				  to Remove.
Tank #
Status?
Assessed?
Piping? (Chamber #)
Status?
Assessed?
Product Type?
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Yes [] No []
Submittal Requirements: Each page of the site assessment
				  report must be consecutively numbered. For email submissions, put DEP
				  registration number, address and municipality name in email subject line and
				  send to UST. Site. Assessment@maine.gov. Please note that the DEP may request
				  additional paper copies.
If
no
"evidence" of a discharge or contamination
				  above a notification level, please send one paper copy to UST Program
				  Administrator, DEP-BRWM, 17 SHS, Augusta ME 04333-0017 and a digital PDF
				  version to the above noted email address.
If
yes
"evidence" of a discharge or
				  contamination above a notification level, please send one paper copy to the
				  above noted postal address and a digital PDF version to the above noted email
				  address and one copy to the chief municipal officer or county Commissioner if
				  unorganized township (List name and address of municipal officer or county
				  Commissioner here:).
Date Site Assessment Field Work Completed:
Date of Site Assessment Report:
Assessor Name and Company: