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 096-695-1 - Legal Authority
- Section 096-695-2 - Preamble
- Section 096-695-3 - Prohibition
- Section 096-695-4 - Definitions
- Section 096-695-5 - Registration of Underground Hazardous Substance Storage Facilities
- Section 096-695-6 - Design and Installation Requirements for new and replacement tanks
- Section 096-695-7 - Design and Installation Requirements for new and Replacement Piping
- Section 096-695-8 - Leak Detection Methods
- Section 096-695-9 - Monitoring and Operating Procedures
- Section 096-695-10 - Leak or Discharge Reporting, Removal, Investigation and Mediation
- Section 096-695-11 - Compliance Schedule for Existing Facilities
- Section 096-695-12 - Financial Assurance and Insurance Regulations (RESERVED)
- Section 096-695-13 - Closure of Underground Hazardous Substance Storage Facilities and Tanks
- Appendix 096-695-A - List of Hazardous Substances
- Appendix 096-695-B - Installation Requirements Applicable to New and Replacement Tanks
- Appendix 096-695-C - Requirements for Pneumatic (Air) Testing for Piping and Tanks
- Appendix 096-695-D - Requirements for Hydrostatic (Liquid) Piping Tests
- Appendix 096-695-E - Installation Requirements Applicable to New and Replacement Piping
- Appendix 096-695-F - Requirements for Cathodic Protection Monitoring
- Appendix 096-695-G - Minimum Standards for Site Assessments
- Appendix 096-695-H - Requirements for Closure of Underground Hazardous Substance Storage Facilities by Removal
- Appendix 096-695-I - Requirements for Closure of Underground Hazardous Substance Storage Facilities by Filing in Place
SUMMARY: The proposed rule sets standards for the underground storage of certain virgin chemicals which are classified as hazardous substances. It includes registration requirements; design and installation requirements for tanks and piping; leak detection requirements; monitoring and operating procedures, discharge reporting, removal, investigation, and remediation procedures; a compliance schedule for existing facilities; and closure requirements.
BASIS STATEMENT
The Underground Hazardous Substance Storage Facility Rules will provide a mechanism for the Department to regulate the underground storage of certain virgin chemicals which are classified as hazardous substances. The Department currently has rules in effect which separately control the underground storage of oil (petroleum products) and hazardous wastes. Promulgation of the Underground Hazardous Substance Storage Facility rules will allow the Department to apply to the federal Environmental Protection Agency for authority to manage the entire federally mandated underground storage tanks regulatory program.
The rule includes registration requirements, design and installation requirements; leak detection requirements; monitoring and operating procedures; discharge reporting, removal, investigation, and remediation requirements; a compliance schedule; and closure procedures.
The major reasons for these regulations are to decrease the chance of leaks or spills occurring at underground hazardous substance storage facilities and to increase the chances of detecting and cleaning up such leaks before they become major environmental problems. There are approximately one hundred underground hazardous substance storage facilities registered with the Department. Most of these facilities lack such environmentally desirable features as secondary containment, appropriate leak detection equipment, and effective corrosion protection. The rules will require upgrading or closure of such substandard facilities.
A preliminary draft of this rule was offered to key interested parties for technical review prior to being presented to the Board for posting to public hearing. The interested parties included environmental organizations, members of the Maine Chamber of Commerce and Industry, and all members of the Board of Underground Storage Tank Installers. Very few comments were returned to the Department. The Board of Environmental Protection held a public hearing on the draft rule on August 23, 1989 and written comments were accepted until September 12, 1989.
Written and oral comments received during the public comment period are summarized on the following pages. Each comment is followed by the Department's response. The comments and responses are listed numerically under the same section headings used in the rules.
This publication forms the written statement outlining the department's basis for the adoption of the Regulations for Registration, Installation, Operation, and Closure of Underground Hazardous Substance Storage Facilities.
BASIS STATEMENT - 1996 AMENDMENTS
The board amended chapter 695 in 1996 to correct errors, incorporate changes in state and federal law, and update references to technical reports. The 1996 amendments also eliminated the requirement that hazardous substance tanks be installed or removed only by a certified underground hazardous substance tank installer. The latter change was necessary because no one sought such certification, making it impossible to comply with the rule. The rule as amended in 1996 allows hazardous substance tanks to be removed by certified underground oil tank installers if supervised by a professional engineer.
The board did not hold a public hearing on the 1996 amendments. Notice of the proposed amendments was published in the Bangor Daily News, Kennebec Journal, Lewiston-Sun Journal, Portland Press Herald, and Waterville Morning Sentinel on Wednesday, July 10, 1996. Notice also was mailed to owners of underground hazardous substance storage tanks; to certified underground oil storage tank installers; and to each person who filed a written request for notice of DEP rulemaking. The notice invited interested persons to submit comments by Friday, August 9, 1996. No comments were received.
STATUTORY AUTHORITY: 38 M.R.S.A. Sec.1364(2)
