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 096-695-6 - Design and Installation Requirements for new and replacement tanks

(1) All new and replacement tanks, including the outer wall of the tank, shall be constructed of fiberglass, cathodically protected steel or other non-corrosive material approved by the commissioner. The tank owner shall demonstrate to the satisfaction of the commissioner that the materials are non-corrosive and meet or exceed the intended performance standards.

(2) All new or replacement tanks and facilities shall be approved and constructed in accordance with the standards contained in the following:

For steel tanks, Underwriters Laboratories 58;

For fiberglass tanks, Underwriters Laboratories 1316;

For cathodically protected tanks, National Association of Corrosion Engineers, RP-02-95 or Steel Tank Institute (STI) Tank Standard R892-91; and

For composite tanks, Association for Composite Tanks ACT-100, UL 1746 or Steel Tank Institute (STI) Composite Tanks Standard F894-89.

(3) Repealed.

(4) Impressed current cathodic protection systems for new and replacement tanks or facilities shall be designed according to the standards described in National Association of Corrosion Engineers (NACE) Recommended Practice RP-02-95, and installed by a NACE certified engineer or technician.

(5) All tank construction materials, fittings, or adhesives likely to come in contact with the stored hazardous substance during normal operations or during a leak or spill shall be compatible with the product stored within the tank.

(1) Underground tanks for the storage of hazardous substances shall be double wall tanks constructed such that the outer wall completely encloses the inner wall to provide 360 degree double wall protection.

(2) All tanks and piping must be equipped with a monitoring device or devices in accordance with Sections 8 and 9 of this rule.

(1) During the transfer of the hazardous substance into the facility the owner or operator of the facility and transporter of the hazardous substance shall ensure that a person capable of monitoring and shutting off the transfer is physically present to observe the transfer and shut off the flow of product immediately when a spill or leak occurs or is likely to occur.

(2) An underground hazardous substance storage tank shall include a spill containment basin of at least 5 gallons capacity around the fill pipe and one of the following overfill protection systems or an equivalent system acceptable to the Department in order to ensure that the volume available in the tank is greater than the volume of hazardous substance to be transferred.

(1) New and replacement tanks shall be installed in conformance with the requirements contained in Appendix B and in accordance with one of the following:

(2) No underground hazardous substance storage facility or tank may be installed unless the entire facility has been registered in accordance with section 5 of this rule.

(3) Repealed.

(4) New and replacement underground hazardous substance tanks and piping may only be installed by an underground hazardous substance storage tank installer certified by the Maine Board of Underground Storage Tank Installers (BUSTI) under 32 MRSA §10001 et seq., or by a BUSTI-certified underground oil storage tank installer if supervised on-site by a registered Maine professional engineer with training and experience in underground storage facility installation.

(5) A certified underground hazardous substance storage tank installer may not install an underground storage tank if the installer has been placed on inactive status or if the installer's certification has been suspended or revoked pursuant to 5 MRSA §10004 or 32 MRSA §§ 10001-10015, and has not been reinstated.

(1) No used fiberglass or cathodically protected steel tank or other tank constructed of materials approved by the Department may be re-installed, unless the owner or operator has supplied the Department with documentation that the manufacturer will warranty the tank against internal and external corrosion and structural failure, for a period of at least ten (10) years, after which the tank must be properly abandoned in accordance with the requirements of Section 13 of this rule. Single-walled tanks may not be reinstalled.

(2) Prior to reinstallation tanks shall be removed in accordance with Section 13 and Appendix H.

(3) Reinstallation shall be completed in accordance with the requirements of Section 6 of this rule.

(1) Tanks not in conformance with the design and installation requirements of Section 6 of this rule may not be relined. At the time of relining the tank must be structurally sound and relined in a manner that will prevent releases due to structural failure or corrosion during the operational life of the tank.

(2) Tanks must pass a precision test or other test acceptable to the Department and must be internally inspected before relining. Results of all tests shall be submitted to the Department for approval prior to relining.

(3) Chemical compatibility of the liner material with the substance to be stored must be certified by the tank owner and the lining manufacturer. Certification must be provided to the Department in writing.

(4) The liner applicator must certify that the liner was installed according to the liner manufacturer's instructions and specifications.

(5) After relining and before reuse the tank must be internally inspected and found to be structurally sound.

(6) Liners may not be installed by hand troweling except for minor repairs or joint connections.

(7) Relining of steel tanks must be completed in accordance with API Publication 1631: Recommended Practice For The Interior Lining Of Existing Steel Underground Storage Tanks, unless otherwise approved by the Department except that tank testing and inspection must be completed in accordance with this rule.

(8) The liner manufacturer or applicator must warranty the liner against internal corrosion and contact of the product with the tank for a minimum of 10 years.

(9) Records demonstrating compliance with relining and upgrading requirements must be maintained for one year at the facility and thereafter at the facility or an alternative site under control of the current owner or operator of the facility from which they shall be made available to upon request to the Department or local public safety officials.

(10) Within 10 years after relining, and every 5 years thereafter, the lined tank must be internally inspected by the lining applicator or manufacturer and found to be structurally sound with the lining still performing in accordance with the original design specifications.

(11) At the end of the lining manufacturer's or applicator's warranty period, the tank must be relined as appropriate for the hazardous substance currently stored, or must be abandoned in accordance with section 13 of this rule.

(1) Tanks to be repaired must conform to current design and installation standards of Section 6 of this rule. Nonconforming leaking tanks must be closed in accordance with Section 13. If the tank must be replaced, all nonconforming piping must also be replaced.

(2) At the time of repair the tank must he structurally sound and repaired in a manner that will prevent releases due to structural failure or corrosion during the operational life.

(3) Repair of a tank after a leak must be done according to the manufacturer's recommendation and under the supervision on site of a manufacturer's authorized representative.

(4) The tank manufacturer must re-warranty the repaired tank for a minimum of ten years. The tank shall be properly abandoned in accordance with Section 13 at the end of the warranty period.

(5) Repaired tanks or tanks to be repaired must be excavated and the outer wall must be externally inspected and tested for defects by a method approved by the Department before the tank is put back into service.

(6) Repaired inner walls of tanks must be tested by a precision test or alternative method approved by the Department before being put back into service.

(7) Repair of a tank shall only be allowed once. Upon confirmation of additional leaks, the tank shall be properly abandoned in accordance with Section 13. The owner or operator of a facility must notify the Department prior to any repairs to be done after a tank leak and submit written notification to the Department after the repairs have been performed.

(8) Records demonstrating compliance with repair and upgrading requirements must be maintained for one year at the facility and thereafter at the facility or an alternative site under control of the current owner or operator of the facility from which they shall be made available to the Department or local public safety officials upon request.