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 096-695-9 - Monitoring and Operating Procedures

Current through 2024-38, September 18, 2024

A. Monitoring and operating requirements for owners and operators of all facilities

(1) Hazardous substances stored must be compatible with adhesives used in the construction of tanks and piping.

(2) Hazardous substances stored must be compatible with all internal surfaces of tanks, piping, and fittings that the hazardous substance is likely to come in contact with during normal operations or a leak event.

(3) A written, step by step, monitoring manual describing all monitoring procedures to meet the requirements of this regulation shall be kept at the facility. The signatures of employees trained and authorized to perform the monitoring shall be attached to the manual in a manner that indicates they have read and understand the description of monitoring procedures. No employees shall perform monitoring procedures until they have signed and attached their names to the manual. The monitoring manual and signatures of authorized employees shall be made available to state and local officials upon request for the purpose of reviewing and/or copying the information.

(4) Results of all inspections, monitoring, and testing required by this rule; as well as records of repairs, relining, or upgrading of any part of the facility; and records of manufacturer's suggested or required calibration and maintenance of leak detection equipment must be kept in log books from the effective date of this rule or from the installation date of the facility, whichever is later. The name of the person who completes the inspection, monitoring. testing, repairs, relining, upgrading. calibration, or maintenance must be included in the log book along with the results of each procedure. All such log book entries shall be maintained at the facility for a minimum of one year and thereafter at the facility or an alternative site under control of the current owner or operator of the facility. All log books shall be made available to the Department or local public safety officials upon request for the purpose of reviewing and/or copying the information.

(5) Monitoring equipment and test stations shall be properly labeled and differentiated from fill openings.

(6) A copy of an 'as built' drawing of the facility shall be kept on site to be made available upon request to state and local officials for the purpose of reviewing and/or copying the information. The drawing need not be an engineering plan but must show accurate locations of tanks, piping, fittings, dispensing equipment, anodes, and monitoring equipment including cathodic protection wiring.

(7) All monitoring equipment shall be installed, maintained, and operated in accordance with manufacturer's instructions and recommendations.

B. Minimum monitoring and operating requirements for owners and operators of existing facilities

(1) All accessible facility components including but not limited to pumps, leak detectors, dispensers, valves, monitoring wells, tank or pipe fittings, etc., that contain or may contain hazardous substances shall be inspected weekly for evidence of leaks. Accessible components Include those from which covers can be removed without interrupting operation of the system.

(2) The log book for recording inspection results must specify which components are inspected, the results, and the name of the inspector.

(3) All existing facilities must be tested for leaks by precision testing or an alternative method approved by the Department when they reach 15 years of age and annually thereafter. Facilities whose age is unknown shall be presumed to be 15 years old as of October 1, 1989.

C. Monitoring and operating requirements for owners and operators of new and replacement facilities upon installation and existing facilities in accordance with the compliance schedules of Section 11.

(1) Electronic monitoring systems for leak detection shall be tested at least once per week. If the electronic monitoring system is not operating, or is operating at a reduced capacity, the estimated duration of and the reason for the system being out of operation shall be recorded in the testing and monitoring log book. Operational problems that may indicate the presence of a leak must be reported to the Department in accordance with Section 10 of this rule.

(2) If an electronic or manual monitoring system for leak detection remains inoperative for more than 7 days and cannot be replaced by alternative monitoring procedures that meet the requirements of this rule, the stored hazardous substance shall be pumped out of the tank and piping system and stored so as to prevent release of the hazardous substance to the environment until the monitoring system can be repaired or replaced.

(3) Monitoring of manual leak detection systems or sumps shall be accomplished weekly.

(4) Line leak detectors shall be tested annually in accordance with Section 8(C) of this rule.

(5) Monitoring requirements for galvanic cathodic protection systems.
(a) All cathodically protected tanks and piping shall have an accurate structure to soil potential reading performed by a cathodic protection tester as defined in Section 4F within 6 months of installation and annually thereafter.

(b) When underground work is performed at the site, the cathodic protection shall be monitored by a cathodic protection tester as defined in Section 4(F) 6 to 12 weeks after such work has been completed, to assure that the system is functioning properly.

(c) Monitoring shall be performed in accordance with the requirements of Appendix F. The owner and operator must take immediate action to correct any deficiencies detected during monitoring.

(6) Monitoring requirements for impressed current cathodic protection systems
(a) All monitoring measurements and inspections required by this section must be done by a cathodic protection tester as defined in Section 4F.

(b) A monthly inspection shall be performed of the rectifier meter on all facilities utilizing the impressed current system of corrosion protection. All readings shall be recorded in a log book which must be kept at the facility.

(c) An on-site test and inspection shall be made at least once per year and must include measurement of structure to soil and structure to structure potentials. the rectifier voltage and current output.

(d) The owner and operator must take immediate action to correct any deficiencies detected during monitoring.

(7) All accessible underground hazardous substance storage system components, including but not limited to pumps. leak detectors, valves. tank or pipe fittings, that contain or may contain hazardous substances shall be inspected weekly for evidence of leaks. Accessible components include those from which covers can be removed without interrupting operation of the system.

D.The following procedures shall be completed before a change-in-service.

(1) Prior to a change-in-service from one hazardous substance to another hazardous substance the facility owner or operator shall do one of the following to demonstrate to the Department's satisfaction, that the tank(s) and/or piping are not leaking:
(a) Perform on the facility or on the affected tanks and piping a precision test or equivalent test approved by the Department;

(b) Perform a site assessment of the facility or the affected tanks and piping in accordance with the requirements of Appendix G; or

(c) 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.

(2) Prior to a change-in-service from a hazardous substance to a non hazardous substance the facility owner or operator shall perform a site assessment in accordance with the requirements of Section 13(D) and Appendix G.

(3) The owner or operator of a facility shall submit written notice of a change-in-service to the Department 10 days prior to the change-in-service. The notice shall be accompanied by a site assessment or certification by the owner or operator or their authorized full time employee that leak detection records are complete and current and show that the facility is not leaking. The site assessment or leak detection records must meet the requirements of Section 13D.

(4) The Department may require remedial action for leaks or spills before the change-in-service occurs.

E. Tank and Piping Testing Methods

(1) The commissioner may require precision testing of all tanks and piping at a facility showing evidence of a leak, as defined in section 10(A). Hydrostatic tests of piping must be conducted in accordance with the requirements of Appendix D.

(2) Precision testers actually performing a precision test on site on any underground hazardous substance storage tank must be currently certified to perform the test by the vendor of the test procedure and equipment. A precision tester shall present documentation of current certification upon request by the Department.

(3) Alternative testing methods shall be used when precision testing or hydrostatic testing methods are not feasible. Alternative testing methods must be approved by the Department.

F. Testing of Existing Facilities

(1) All facilities operating without leak detection systems installed and operated in conformance with this rule shall be tested for leaks by precision testing or an alternative method approved by the Department when they reach 15 years of age and annually thereafter.

(2) Facilities whose age is unknown shall be presumed to be 15 years old as of October 1, 1989.

G. Inspection of Relined Tanks. Within 10 years after relining, and every 5 years thereafter the relined tank must be internally inspected and found to be structurally sound with the lining still performing in accordance with the original design specifications.

H. Site Access for Official Purposes. Department officials may enter any site or premises subject to underground hazardous substance storage facility regulations, or in which relevant records of such facilities are stored, to copy records, obtain samples of regulated substances and inspect or conduct the monitoring or testing of the underground hazardous substance storage tank or facility.

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