Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 695 - RULES FOR UNDERGROUND HAZARDOUS SUBSTANCE STORAGE FACILITIES › Section 096-695-13 - Closure of Underground Hazardous Substance Storage Facilities and Tanks

Current through 2024-29, July 17, 2024
NOTE: Tanks that contain hazardous waste as identified in
				  chapter 850 of department rules are subject to the closure requirements of
				  chapter 851.
A.
Out of Service
				and Temporarily Out of Service Facilities
(1) All underground hazardous substance
				storage facilities and tanks that have been, or are intended to be, taken
				out-of-service for a period of more than twelve (12) consecutive months shall
				be properly closed in accordance with this rule within 90 days unless the tank
				owner has received written permission from the Department of Environmental
				Protection to remain temporarily out of service in accordance with the
				requirements of Section 13(A)(5).
(2) All out of service facilities regardless
				of the length of time they have been or will continue to be out of service must
				be in compliance with all Sections of this rule.
(3) Closure of out-of-service underground
				hazardous substance storage facilities must be supervised by an independent
				Maine-registered professional engineer with demonstrated education and
				experience in underground storage tank installation or removal or with
				demonstrated education and experience in hazardous waste clean-up or
				management.
(4) When a facility is
				out-of-service for 3 consecutive months or more owners and operators must
				comply with the following requirements:
(a)
				All product must be removed using commonly employed practices so that no more
				than one inch of residue or 0.3% by weight of the total capacity of the
				facility remains in the facility;
(b) Vent pipes must be open and
				functioning;
(c) All other piping,
				pumps, manways and ancillary equipment must be capped and secured. Product
				shall be removed from piping, pumps, manways, and ancillary equipment to the
				extent it is technically feasible; and
(d) Leak detection equipment must remain in
				operation in accordance with Section 8 and 9 of this rule during the
				out-of-service period or the facility must be properly closed in accordance
				with the requirements of Section 13.
(e) All corrosion protection equipment shall
				remain in operation in accordance with this rule.
(5) For a facility to remain temporarily out
				of service for more than twelve (12) months, the tank owner or operator must
				receive written approval from the Department. Written approval to remain out of
				service may remain in effect for up to twelve (12) months by which time the
				owner or operator must have received written permission from the Department for
				a twelve (12) month extension or must have closed the facility in accordance
				with this rule. Permission to remain temporarily out of service for more than
				twelve (12) months may only be granted when:
(a)
				 The requirements of Section 13(A)(4) of this rule are being met;
				and
(b) The facility has been
				designed and installed in accordance with Sections 6, 7, and 8 of this rule;
				and
(c) The owner or operator can
				demonstrate, to the Department's satisfaction, that the facility is not leaking
				by one of the following methods:
(i) A
				precision test, or equivalent test approved by the Department, of the facility
				or the affected tanks and piping; or
(ii) A site assessment of the facility or the
				affected tanks and piping in accordance with the requirements of Appendix G;
				or
(iii) Submit to the Department
				documentation and certification that the facility or the affected tanks and
				piping conform to the requirements of Sections 8 and 9 of this rule and that
				leak detection monitoring records for the facility are complete, accurate, and
				up to date from the date the facility was installed and do not indicate a
				leak.
(6) All
				underground hazardous substance storage facilities taken out of service before
				the effective date of this rule must be permanently closed in accordance with
				this Section if the Department determines that any such facility poses a
				current or potential threat to human health safety, welfare or the
				environment.