Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS
Section 096-600-7 - New Land Based Oil Terminal Facility Minimum Design Standards, Construction Standards and Related Measures

Universal Citation: 06 ME Code Rules § 096-600-7

Current through 2024-13, March 27, 2024

A. Prior Approval. Prior approval for construction of new facilities is required from the Department.

B. Aboveground Oil Storage Tanks.

(1) Design and Construction Standards. Aboveground oil storage tanks must be constructed of steel and meet or exceed one of the following design and manufacturing standards:

(a) UL-142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids;

(b) API650; or

(2) Prohibited Tanks. Bolted or riveted construction is not acceptable for new or reconstructed tanks.

(3) Leak Detection. For tanks greater than 660 gallons, facilities must include a system of visual leak monitoring between the tank bottom and the impermeable containment as detailed in API- 650.

(4) Corrosion Protection. All tanks must have a cathodic protection system for any portion of the tank in contact with the soil or backfill, in accordance with API Recommended Practice 651, Cathodic Protection of Aboveground Storage Tanks; API-650; and API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction; or NACE Standard SP0285, Corrosion Control of External Corrosion of Underground Storage Tank Systems by Cathodic Protection unless a cathodic protection assessment as described in Section (2) of this Chapter indicates that the corrosion rate will not reduce the floor thickness below the minimum allowed in API 653 before the next required internal inspection date. An owner or operator may propose an alternate method of corrosion protection other than cathodic protection for review and approval of the Department, provided the method is based on good engineering principles and current industry practice.

(5) The use of galvanic corrosion protection systems on new facilities without the written permission of the Department is prohibited, except that galvanic protection systems may be applied to tank bottoms only where the metallic surface area exposed to the electrolyte is minimized through the application of a dielectric coating or the area is small due to the tank size or configuration.

(6) Painting. Tanks must be painted in accordance with nationally recognized industry standards, such as the Society for Protective Coatings publication SSPC Painting Manual, Volume 1 Good Painting Practice. Insulated tanks are exempt from this requirement.

(7) Tanks on Earthen Base Pads. Any tank on a prepared earthen pad must include the following:

(a) A base pad leak detection system constructed in accordance with the standards of API-650;

(b) A release prevention barrier;

(c) A support base constructed of compacted, clean, free-draining granular material such as sand, gravel, or crushed stone. The use of cinders and organic material is prohibited;

(d) Provisions to ensure positive drainage of water away from the support base;

(e) A support base elevation of at least 12 inches above the general grade (dike floor) after ultimate settlement; and

(f) Protection against erosion of the surface of the support base by use of good engineering practices.

(8) Tank Spacing. New, relocated, or reconstructed tanks must be separated in accordance with NFPA 30.

(9) Highway Locations. Tanks located near a highway must be protected from vehicular collisions.

C. Piping, Valves and Pumps.

(1) Fabrication Code. New and replacement piping must be designed, fabricated, tested, and maintained in accordance with codes of practice developed by nationally recognized associations such as API, ASME, ANSI, NFPA, PEI and STI. Installation of piping must meet or exceed current codes of practice and be in strict accordance with manufacturer specifications. Piping must be tested for tightness and all deficiencies remedied before the piping is placed in service. References to be followed include: ASME B31.1, Power Piping; ASME B31.3, Process Piping; ASME B31.4, Pipeline Transportation Systems for Liquids and Slurries; API RP1615, Installation of Underground Petroleum Storage Systems; NFPA 30; PEI RP 100.

(2) Identification. All aboveground piping and oil fill ports (for filling tanks and trucks) at multi product oil terminal facilities must be color coded as specified in API 1637, Using the API Color-symbol System to Mark Equipment and Vehicles for Product-Identification at Gasoline Dispensing Facilities and Distribution Terminals.

(3) Aboveground Piping. Aboveground piping must be adequately supported and must be protected from physical damage including but not limited to damage caused by freezing, frost heaving, flooding, and vehicular traffic. Aboveground piping must be painted or coated according to nationally recognized industry standards to prevent corrosion.

(4) Underground Piping. Installing underground piping must be avoided whenever possible. Piping installed after the effective date of this Chapter and in contact with the soil or in contact with an electrolyte must be adequately protected from corrosion in accordance with codes of practice developed by a nationally recognized association such as NACE or API. Underground lines must have secondary containment with interstitial space monitoring, except that runs in excess of 100 feet that are not able to be run aboveground for operational, safety and security reasons may be cathodically protected single walled pipe. References to be followed include: ASME B31.1; ASME B31.3; ASME B31.4; API 1615; NFPA 30; PEIRP 100; API 651; NACE SP-0169; NACE SP-0285; STI R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing System.

(5) Tank Valves. Each connection to an aboveground oil storage tank through which liquid can normally flow must be provided with an NFPA 30 approved valve located as close as practical to the shell of the tank. The tank shell valve must be kept in the closed position when not in use, except at a staffed facility equipped with a functional continuous tank level monitoring system. At unstaffed facilities, a normally closed automatic valve must be installed immediately downstream of the shell valve on tanks serving a loading rack.

(6) Valve Access. Tank shut-off valves must be accessible and operable under all operating conditions including during a 24-hour storm, 100-year precipitation event.

(7) Pump Leaks. Pumps must be equipped with secondary containment such as drip pans or impermeable surfaces to catch leaks from bearings, packings and seals.

D. Tank - Secondary Containment.

(1) Capacity of Spill Containment Dikes. All oil terminal facilities shall have diked areas designed, constructed, and maintained to prevent oil from entering any waters of the State as described in Section (2) or adjacent property.

Aboveground tanks must be surrounded by a containment dike with a minimum height of 24 inches, and constructed as follows:

(a) Where a diked area contains one storage tank, the diked area must retain not less than 110% of the capacity of the tank;

(b) Where a diked area contains more than one storage tank, the diked area must retain not less than 110% of the capacity of the largest tank, deducting the volume of the other tanks in the diked area below the top surface of the dike; and

(c) Containment capacity for all facilities must be verified when modifications to the diked areas, or to the capacity of any storage tank within the diked area, are made. If no modifications are made, the containment capacity must be verified every 10 years and signed and sealed by a Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes. Dike walls that have eroded or degraded over time must be regraded or repaired. Documentation of verification, upgrade, and repair to containment areas must be maintained on site and made available for review by the Department.

(2) Dike Configuration. The NFPA 30 governs dike configuration for new facilities.

(3) Dike Impermeability. New facilities must have secondary containment with the base and walls designed for a permeability rate to water of 1 x 10-7 cm/sec, except where asphalt is the only oil stored in the diked area.

(4) Liner Design Specifications. The applicant shall submit to the Department for review and approval complete design plans and specifications for the liner and associated containment structures. The documents must be signed and sealed by a Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes. The plans and specifications must include, but are not limited to, the following:

(a) Liner subgrade and cover materials, placement and compaction;

(b) Liner materials, storage, handling, placement, anchoring, penetrations, attachment to structures, and seaming;

(d) Methods of nondestructive testing of 100% of welded, extruded, or solvent seams; and

(e) A list and description of the manufacturer's oil compatibility certifications, installation certifications, and warranties.

(5) Liner Testing. Liner testing must meet the following requirements:

(a) Welded, extruded, or solvent seams for synthetic geomembranes. At a minimum, seam testing must be carried out twice daily at the beginning and end of days when seaming takes place, or whenever seaming personnel change, or when environmental conditions significantly change as determined by the liner specifications;

(b) Moisture content, hydraulic conductivity, and mass per unit area for every 50,000 square feet or per lot of geosynthetic clay liner delivered;

(c) Construction methods and moisture-density zone of acceptance for soil liners to be performed according to a statistically valid method approved by the Department and based on the size of the liner; and

(d) All welded, extruded and solvent seams must be tested by an approved non-destructive method.

Testing methods must conform to nationally recognized standards. If no standards exist, alternative methods must be approved by the Department.

Note: The American Society of Testing and Materials (ASTM), the Geosynthetic Institute (GSI), and the National Sanitation Foundation (NSF) are considered nationally recognized standards.

(6) Liner Quality Assurance (QA) Plan. The applicant shall submit to the Department for review and approval a liner QA plan which must include, but is not limited to, the following:

(a) A description of how the liner QA plan interfaces with the overall liner and containment structure design plans and specifications;

(b) Qualifications of the construction inspector. The inspector must be fully knowledgeable of the QA plan, independent of the liner manufacturer and fabricator, and empowered by contract to enforce all provisions in the liner QA plan and liner design plans and specifications;

(d) Qualifications of the independent testing laboratory;

(e) The environmental conditions at which seaming or placement of the liner must be stopped or seaming techniques substantially modified;

(f) Seam inspection, rejection, or repair procedures for faulty seams or evidence of a faulty seam, or placement of liner determined through destructive testing, nondestructive testing, or inspection; and

(g) Record keeping and reporting requirements for QA activities.

(7) Compatibility of Geomembrane Liner. Geomembrane liners used for secondary containment must meet a short term compatibility testing (7-28 days) in accordance with ASTM D5747/D5747M before any new oil is put in the tank.

(8) Liner Installation Standards. All new geomembrane liners must be designed and installed in accordance with the manufacturers' recommendations. The design must include protection of the liner from equipment damage. A minimum of 6 inches of sand must be placed over the liner to protect the liner from damage.

(9) Detailed Design. The detailed design of new spill containment dikes must be signed and sealed by a Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes.

(10) Dike Stairways. Permanent fixed stairways must be provided for access to diked areas to prevent degradation of the dike walls.

E. Facility Drainage Systems.

(1) Design. The water collection, drainage, discharge, and oil/water separator system must be designed and signed and sealed by a Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes. The design and operation collectively must provide for operational stresses likely to be encountered in Maine, such as frost action, a 24-hour storm, 100-year precipitation event and other site specific factors. All buried or partially buried oil/water separators must be of a design and construction (approved by the Department) that will prevent releases due to corrosion or structural failure for the operating life of the system.

(a) The oil/water separator systems must be constructed or lined with material that is compatible with the expected contents of the system.

(b) Underground or inground oil/water separator system must be:

(i) Cathodically protected against corrosion;

(ii) Constructed of non-corrodible material;

(iii) Steel clad with non-corrodible material;

(iv) Designed in a manner to prevent the release or threatened release of any stored substance due to corrosion; or

(v) Installed at a site that is determined by a NACE certified corrosion expert to be unlikely to have a release due to corrosion during its operating life. Owners and operators shall maintain records that demonstrate compliance with the requirements of this provision for the remaining life of the tank.

(2) Oil/Water Separators. Oil/water separators must be designed, licensed, operated, and maintained according to Pollution Control, 38 M.R.S. §413 (Waste Discharge Licenses) if the effluent is discharged directly into the waters of the State. If the effluent will be discharged to a POTW, the oil/water separator must also be designed, licensed, operated, and maintained according to the requirements of the POTW (in order to meet their state and local license requirements). If the oil/water separator is required to be registered in accordance with Rules for Underground Oil Storage Facilities, 06-096 C.M.R. ch. 691, it must be installed by a Maine Certified Underground Oil Storage Tank Installer.

(3) Drain Valves. Drain valves must be easily accessible for closing in an emergency under all conditions of operations. Flapper valves are not acceptable.

(4) Dike Drainage.

(a) Control of drain water from inside a diked area must be by a valve outside the diked area, locked in the closed position except at times of drainage operations under supervision by personnel trained in the proper operation of drains and separators. Drainage control valves may be located inside the diked area at existing facilities where #6 oil or asphalt is the only oil being stored in the diked area, provided that these drainage valves are locked in the closed position except during drainage operations under supervision by trained personnel, and that the dike valves are exercised monthly.

(b) All drainage through the oil/water treatment system from a containment dike must be locked out from discharge except at times of supervised drainage. All drainage must flow through an oil/water separator

(5) Oil Storage and Handling Area. Facilities must be graded to collect surface run-off and discharge it through an oil/water separator to a location approved by the Department. Such separators must be designed, installed, operated, and maintained to collectively handle a 24-hour storm, 100-year precipitation event.

F. Tank Truck and Tank Car Loading and Unloading.

(1) Shut-Off Valves. NFPA 30 approved shut-off valves must be provided at the end of all loading and unloading points and must be maintained in a locked position except during properly supervised operations. Such valves must be accessible under all conditions of operations.

(2) Hose Spill Preventers. All vehicle loading points must be equipped with spill preventers designed to drain the transfer hose at the end of the transfer procedure.

(a) The spill preventer must be of sufficient size to contain the contents of the hose.

(b) A dry break system approved by the Department may be used in lieu of a spill preventer.

(3) Automated Equipment. The design of the piping, valves, pumps and hoses which convey oil from storage tanks to a tank truck or a tank car loading rack must be "fail-safe" engineered to prevent the spilling of oil.

(4) End Capping. Top loading arms at tank truck and tank car loading racks must be equipped with a containment device capable of preventing a discharge of oil when in standby service. Piping used for unloading tank cars or tank trucks must be securely capped or blank flanged and emptied of oil product when not in use. Out of service top loading racks at tank truck or tank car loading areas must be isolated or disconnected from the active portions of the facility.

(5) Spill Containment. Tank truck and tank car loading, and unloading areas, except for facilities handling only asphalt, must be provided with impervious secondary containment, that is designed, constructed, and maintained to contain spills in amounts up to the volume of largest compartment of any vehicle loaded or unloaded at the facility. The secondary containment systems in loading and unloading areas must be designed and constructed to prevent collection of stormwater runoff and must be connected to either a holding tank for removal and disposal or to an oil/water separator.

G. Fire Prevention. All facilities must be designed, built, operated, and maintained in accordance with the NFPA 30. A terminal facility unable to meet these requirements shall submit an alternate fire protection plan that has been approved by the State Fire Marshal's Office and the local fire suppression agency.

H. Physical Security.

(1) Fencing. All facilities must be surrounded by a security fence. Fencing must be at least 6 feet high. Automatic entry gates operated by pass key and visual checks must be provided, and must remain locked except when the facility is in supervised operation or guarded. The Department may approve alternative security measures if it determines that the alternative measures meet the intent of this Chapter.

(2) Lighting. A minimum illumination standard of 50 lux is required for transfer areas including tank truck and tank car loading and unloading areas, pump areas, and entryways that would likely be the source of leaks either by accident or by acts of vandalism. Adequate lighting must be provided in accordance with the Illumination Engineering Society HB-10, Lighting Applications Standards.

(3) Facility Security Plan. Facilities must establish and implement a Facility Security Plan pursuant to 33 C.F.R. pt. 105 that is approved by the U.S. Coast Guard.

I. Dock Facility.

(1) Transfer Piping. The connection points of the oil transfer piping to the storage tanks, located on the dockside, must have NFPA 30 approved shut-off valves and check valves installed to prevent back-flow of oil should failure of dock hoses or other equipment occur.

(2) Spill Containment. All oil transfer points of connection must be provided with a spill containment system designed, constructed, and maintained so as to contain discharges that could result from a hose or connection point rupture.

The spill containment system must have a storage capacity of at least:

(a) Two barrels if it serves one or more hoses of 6-inch inside diameter or smaller, or one or more loading arms of 6-inch nominal pipe size diameter or smaller;

(b) Three barrels if it serves one or more hoses with an inside diameter of more than 6 inches, but less than 12 inches, or one or more loading arms with a nominal pipe size diameter of more than 6 inches, but less than 12 inches; and

(c) Four barrels if it serves one or more hoses of 12-inch inside diameter or larger, or one or more loading arms of 12-inch nominal pipe size diameter or larger.

(d) Spill containment must be properly positioned and adequately maintained, and an absorber must be available in case of overflows to minimize the loss of oil. The spill containment contents may not be allowed to spill into the water or onto the surrounding soil. Spilled oil, oil debris and contaminated soil must be disposed of in a manner acceptable to the Commissioner.

(3) Precipitation drainage locations (scuppers) in the dock containment area must be plugged prior to commencement of any oil transfers.

(4) Requirements for Protection Against Mechanical Damage. Concrete or other portions of the pier or wharf structures that are exposed to impact or abrasion by vessels or are subject to damage by floating ice or debris must be protected by an open fender system constructed of wood or other material. Provisions must be made to reduce the impact force exerted on the pier with such details of construction that reduces damage from ordinary operations to a reasonable minimum. The pier and wharf structures must be inspected for damage annually and repaired as necessary.

J. Shop-Fabricated Aboveground Storage Tanks and Appurtenances.

(1) Shop-Fabricated Aboveground Storage Tanks.

(a) Design and Construction Standards. Shop-fabricated aboveground storage tanks used to store flammable or combustible liquids must be constructed of steel and meet or exceed the design requirements of NFPA 30. Shop-fabricated aboveground storage tanks used to store non-flammable or non-combustible hazardous substances (as defined by Uncontrolled Hazardous Substance Sites, 38 M.R.S. §1362(1) must be constructed of materials compatible with the substance to be stored and designed in accordance with good engineering practices. All shop-fabricated aboveground storage tanks, including any integral secondary containment systems, must be installed according to the manufacturer's recommendations.

(b) Limited Use Tanks. Tanks constructed in accordance with UL 80, Standard for Steel Inside Tanks for Oil-Burner Fuels and Other Combustible Liquids, must only be used to supply fuel to oil-burning equipment.

(c) Secondary Containment. All shop-fabricated aboveground storage tanks must be located in diked areas meeting the requirements of Section (7)(D) of this Chapter, or designed with their own integral secondary containment system meeting the standards of one of the following: STI F911, Standard for Diked Aboveground Storage Tanks; STI F921, Standard for Aboveground Tanks with Integral Secondary Containment; or UL 2085, Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids.

(d) Leak Detection. Shop-fabricated aboveground storage tanks must be designed so that the space between the bottom of the tank and the secondary containment can be either visually or electronically monitored.

(e) Corrosion Control. All shop-fabricated aboveground storage tanks must have a cathodic corrosion protection system for the portion of the tank in contact with the soils or backfill in accordance with API 651; PEI RP200, Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling; STI R893, Recommended Practices for External Corrosion Protection of Shop Fabricated Aboveground Tank Floors; or NACE SP-0285. An owner or operator may propose an alternate method of corrosion protection other than cathodic protection for review and approval by the Department, provided the method is based on good engineering principles and current industry practice.

(f) Overfill Prevention.

(i) All shop-fabricated aboveground storage tanks with a capacity of over 20,000 gallons or with an integral secondary containment system that are used to store a flammable or combustible liquid must have:

a. A device which sounds an audible and visual alarm when the tank reaches 90% of capacity; and

b. During filling operations, a person from the terminal receiving the delivery shall monitor the transfer along with the truck driver.

(ii) All shop-fabricated aboveground storage tanks with a capacity of 20,000 gallons or less and that are used to store a flammable liquid must have one of the following:

a. A device which sounds an audible and visual alarm when the tank reaches 90% of capacity; or

b. A device which automatically stops the flow of the liquid into the tank when the liquid level of the tank reaches 95% of capacity.

During fill operations, a person from the terminal receiving the delivery shall monitor the transfer along with the truck driver.

(g) Painting. Tanks must be painted in accordance with the SSPC publication Painting, Manual, Volume 1 Good Painting Practice. Insulated tanks are exempt from this requirement.

(2) Piping, Valves and Pumps.

(a) Fabrication Code. All aboveground piping systems must be designed, constructed, installed and maintained in accordance with Section (7)(C)(1) of this Chapter.

(b) Pump and Valve Leaks. Pumps and valves must be equipped with secondary containment such as drip pans or impervious surfaces to catch leaks from bearings, packing and seals.

(c) Tank Valves. All shop-fabricated storage tanks connected to a loading rack must be equipped with a device such as a normally closed solenoid valve that prevents gravity flow from the tank in the event of a piping breach, unless tank inventory is reconciled daily. Valves on shop-fabricated storage tanks not connected to a loading rack and not in frequent use must be maintained in the closed position.

(d) Underground Piping. Underground piping must be avoided whenever possible. All underground piping must be designed, constructed, installed and maintained in accordance with 06-096 C.M.R. ch. 691 or Rules for Underground Hazardous Substance Storage Facilities, 06-096 C.M.R. ch. 695.

K. Natural Hazard Risk Assessment.

All facility infrastructure must be assessed for current flood risk and for future flood risk. Potential impacts on adjacent properties must be identified including the possibility for damage to existing infrastructure and movement of product or contamination to adjacent areas.

(1) The assessment must identify the infrastructure evaluated. Future flood risk evaluation must consider a timespan of 30 years from the date of the evaluation.

(2) The assessment must review previous flood information and any costs resulting from flood damage; evaluate current flood risks from a 100-year flood event; and evaluate future flood risks using storm surge and waves from a 100-year flood event added to both the projected intermediate and high sea level rise scenarios. The assessment must consider impacts including but not limited to erosion, collision, scouring, flooding, and flotation, including the buoyancy of any empty or partially empty tanks and pipelines.

(3) The assessment must consider how to meet the Facility Drainage System 24-hour, 100-year precipitation event requirements of Section (7)(E)(1) and (5) and the portion of Section (8)(K) that relates to these two Sections. The assessment must determine how stormwater management measures can accomplish this requirement and must include a timeframe for implementation of any measures needed to comply with these Sections. The implementation schedule must be completed within 5 years following the submittal of the Natural Hazard Risk Assessment report in Section (7)(K)(6).

(4) The worst case scenarios of hazards to vulnerable infrastructure must be considered in the assessment. Evaluation of potential impacts to critical infrastructure and operations including their consequences; identification of short- and long-term adaptation practices; prioritization of adaptive actions; costs of recommended adaptations; and presentation of recommendations that build resilience into the critical infrastructure must be included.

(5) An explanation of the data sources used in the assessment must be included in the final assessment document.

(6) A report detailing the results of the assessment must be included in the initial license application and any renewal applications. The report must clearly specify what adaptive measures, if any, are incorporated into the facility design based on the evaluation and must include an implementation schedule for these measures.

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