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-L - Requirements for Underground Oil Storage Tank Processing Facilities

Current through 2024-29, July 17, 2024
1. Applicability
A. The requirements of this appendix apply to underground
				  oil storage tank processing facilities where tanks used for the storage of oil
				  and abandoned by removal are cleaned, temporarily stored and processed prior to
				  recycling or re-use of their materials.
B. For the purpose of this appendix, the cleaning operation
				  of a tank processing facility includes those areas and activities where vapors,
				  liquids, solids, sludge, rust, scale and other residues are removed and cleaned
				  from an abandoned underground oil storage tank, including buffers, structures,
				  roads and equipment.
C. For the purpose of this appendix, the processing operation
				  of a tank processing facility includes those areas and activities where cleaned
				  tanks are cut, crushed, reduced in volume or otherwise modified prior to sale
				  or re-use of their materials.
2. Siting. Underground oil storage tank processing facilities
				  may not be located:
A. On a coastal sand dune system, as defined in the
Natural Resources Protection Act,
38 M.R.S.
				  §480-B(1);
B. On coastal wetlands as defined in
				  38 M.R.S.
				  §480-B(2);
C. On freshwater wetlands, as defined in
				  38 M.R.S.
				  §480-B(4);
D. On a one hundred year flood plain, as defined in the Solid
				  Waste Management Rules:
General Provisions,
06-096 C.M.R. ch.
				  400 of the Department's rules;
NOTE: In most areas of Maine, the flood plains have been
				  mapped by the Federal Emergency Management Agency (FEMA). Maps are available at
				  most municipal offices.
E. Within a public water system's source water protection
				  area as mapped by the Maine Bureau of Health, or a sensitive geological area as
				  defined in section
				  3 (EEE) of this Chapter;
F. Within 300 feet of bodies of surface water classified as
				  Class GPA waters in the
Water Classification Program
,
				  38
				  M.R.S. §465-A or classified as Class AA
				  waters, Class A waters, Class B waters, or Class C waters in
				  38
				  M.R.S. §465; or
G. Within 100 feet of an adjacent property boundary.
NOTE: If the area of a facility, including all operations,
				  temporary storage areas, structures, roads and buffers, exceeds 3 acres, the
				  owner also must obtain approval under the
Site Location of Development
				  Law
,
				  38 M.R.S.
				  §§481 -
				  489
				  -E, and the Maine
Hazardous Waste Septage and Solid Waste Management
				  Act
,
				  38 M.R.S. §§
										1301 -
				  1319
				  -Y.
3. Design
A. The entire facility must be surrounded by a fence or
				  otherwise secured to the Commissioner's satisfaction to prevent unauthorized
				  access to the tanks. Signs stating "Caution - Flammable Materials", "No
				  Smoking" and "No Entry of Unauthorized Personnel" must be placed along the
				  fence at intervals no greater than 50 feet.
B. A 25-foot fire protection buffer must be cleared of
				  combustible materials on all sides of the facility. This buffer must be
				  maintained at all times free of all structures, equipment, cleaned tanks and
				  other facility activities. Overhanging branches and vegetation must be cut back
				  to distances safe from fire and explosion. The fire buffer may lie outside the
				  fenced portion of the facility.
NOTE: Graveling the area and removing the vegetation are
				  examples of means that would normally achieve this purpose.
C. The facility must be equipped with fire protection
				  equipment of the size, quantity, type and location directed by local fire
				  officials or by the Commissioner. Equipment must be kept operable at all
				  times.
D. The facility must be equipped with a means of
				  communication (such as a telephone or two-way radio) with fire and medical
				  emergency personnel.
E. A contingency plan meeting the requirements of
Standards for Owners and Operators of Hazardous Waste Treatment,
				  Storage and Disposal Facilities,
40 C.F.R. §
										264.52 as amended up to July 1, 2017 must be
				  developed to provide for prompt response to fire and explosion hazards, and for
				  containment and removal of any spilled material. A copy of the contingency plan
				  must be sent to the Commissioner and to local public safety officials. A copy
				  must be kept at the facility at all times.
F. Cleaning Operations Design
(1) Any area underlying a cleaning operation must be
				  surrounded by a berm of sufficient height to contain all residues, cleaners and
				  precipitation that may be contaminated by these substances. This area and berm
				  must be underlain by a clay or synthetic liner, which in turn must be
				  completely covered by a firm, continuous working surface (such as concrete)
				  that is compatible with hydrocarbons. The area must be equipped with a
				  collection system which contains for removal of all solid and liquid tank
				  residues, cleaners, and all precipitation that may be contaminated by these
				  substances.
(2) A clay liner must be at least two feet thick and must
				  have a permeability no greater than 10-7 cm/sec. A synthetic liner must be at
				  least 40 mils thick and must be of a material compatible with all residual tank
				  contents and cleaners. It must be installed in accordance with the
				  manufacturer's specifications. An independent professional engineer or
				  authorized liner manufacturer's representative shall observe the entire
				  installation and testing, and shall certify to the Department that the
				  installation, testing and repairs occurred in accordance with the
				  manufacturer's specifications. Either a clay or synthetic liner must extend at
				  least 10 feet in all directions beyond all tanks requiring containment, and
				  must be anchored to the berm in a secure fashion.
(3) The collection sump, tanks, and all equipment must be of
				  adequate size to contain the volumes of tank residues, cleaners, and any
				  contaminated precipitation that will be generated. They must be constructed of
				  materials compatible with the wastes generated.
(4) A tank is deemed clean when:
(a) all loose scale has been removed from the inside of tank
				  walls;
(b) all solid and liquid residues have been removed from
				  tanks walls; and
(c) the tank has been ventilated by air, steam, or some other
				  means so that its atmosphere does not exceed 10 percent of the Lower Explosive
				  Limit (LEL).
G. Processing Operations Design
(1) Processing operations areas must be physically isolated
				  from the cleaning operations area such that no flammable or explosive hazards
				  exist in the processing areas due to cleaning operations.
(2) Processing operations areas need not be lined, but must
				  be maintained in a manner so that processing debris (e.g. cuttings, etc.) can
				  be collected and removed.
H. Temporary Storage Area Design
(1) Tanks at a processing facility may be temporarily stored
				  on site for less than 12 months, provided the following conditions are
				  met:
(a) All tanks must be stored in a "chocked" condition to
				  prevent rolling, and must have the top openings (manufactured openings or
				  bungs) open and located at a 45 degree angle from the ground to prevent
				  rainfall from entering and to facilitate venting. Any corrosion or
				  non-manufactured holes must be plugged.
(b) A 3-foot separation must be maintained between all tanks
				  to allow weekly inspection for leakage and cleanup of spills. Any tanks found
				  to be leaking must be immediately cleaned in accordance with this
				  Chapter.
(c) Any discharge of oil to soil or ground water in any
				  unlined portion of the facility must be immediately reported and removed to
				  Department satisfaction.
(2) Under no circumstances must a tank be stored or remain at
				  a facility for a period exceeding 1 year from the date of the tanks arrival at
				  the facility.
4. Operation
A. All tanks arriving at a processing facility must be
				  brought immediately into a secured area and inspected. The inspector shall note
				  tank condition (severe corrosion, splits, number and size of holes) and
				  evidence of leaks such as product on outside tank surfaces, or adhering
				  contaminated soil. This information must be recorded in a facility log
				  book.
B. Following inspection, all tanks must be marked
				  conspicuously and permanently with a serial number assigned by the facility,
				  date of receipt and product last stored, if known.
C. Any tanks containing liquids must be pumped dry
				  immediately following inspection. Any pumping or removal of liquids must be
				  conducted in a lined portion of the facility. Any liquid-free tanks may then be
				  brought to a temporary storage area provided they are stored in accordance with
				  Appendix L (11)(H).
D. Solid and liquid residues from tank cleaning or processing
				  will be disposed of in compliance with appropriate federal, state and local
				  laws, regulations and ordinances. All residues are presumed to be hazardous
				  waste, requiring disposal under the provisions of the
				  Department's
Hazardous Waste Management Rules
, 06-096 C.M.R.
				  ch. 850-857, unless testing or other information establishes, in accordance
				  with 06-096 C.M.R. ch. 850, that they are not.
NOTE: Sludge and solid wastes found to be non-hazardous are
				  special wastes subject to the requirements of the Department's
				  rules,
Water Quality Monitoring, Leachate Monitoring and Waste
				  Characteristics
06-096 C.M.R. ch. 405. Liquid petroleum wastes found
				  to be nonhazardous are waste oils subject to the requirements of 06-096 C.M.R.
				  ch. 860 of Department's rules.
E. After tank identification, cleaned tanks must be brought
				  to the processing operation area unless stored in accordance with paragraph
				  3(H) of this appendix. Tanks not cleaned upon arrival must be taken to a
				  cleaning operations area, unless stored in accordance with paragraph 3(H)of
				  this appendix.
F. The facility must maintain a log book at the facility at
				  all times. It must be kept current and made available to Department inspectors
				  upon request. The log book must contain the following information for each
				  tank:
(1) facility-assigned serial number;
(2) location from which tank was removed;
(3) tank size;
(4) contents when last in use;
(5) tank condition upon arrival (e.g. sound, badly corroded,
				  number of holes);
(6) date cleaned;
(7) date processed; and
(8) final disposition (sold whole, cut up, crushed).
In addition the log book must include information on types
				  and volumes of all residues generated, how they were disposed of, and when. All
				  records must be kept for at least three years.
G. Ground water monitoring must be conducted at the facility.
				  A ground water monitoring plan, developed and certified by a Maine certified
				  geologist, must be submitted to the Commissioner with the facility application.
				  The plan must provide for a minimum of one upgradient and three down-gradient
				  wells, located and screened to detect releases of hydrocarbons as early as
				  practicable.