Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES
Section 096-854-12 - Additional Standards Applicable to Hazardous Waste Tank and Container Storage Facilities

(1) A hazardous waste storage facility must be established, constructed, altered and operated to meet the following performance standards:

(2) The storage of hazardous waste in an underground or inground tank is prohibited unless that tank is interimly-licensed under 06-096 C.M.R. ch. 855 and in use on the effective date of this Chapter and is not prohibited under Section 7(A)(3) of this Chapter.

(1) The provisions of 40 C.F.R. §§264.175, 264.179, 264.190, 264.192, 264.193(a) -(f)(3) and 264.193(i), and 264.200, except that references to sections of 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856, and references to other sections or subparts of 40 C.F.R. §264 shall mean this Chapter.

(2) A container storage facility must have a base which is a firm working surface, such as asphalt or concrete, which is impervious and which must be kept entire. A synthetic liner which meets the design requirements of Sections 8(B)(4) and 8(B)(5) of this Chapter must underlie the working surface. The liner must be intact beneath the storage facility and must be constructed with a raised berm around the entire storage facility. In addition, the liner is subject to, and must meet the requirements of, a construction quality assurance program in accordance with 40 C.F.R. §264.19 as applicable to liner systems, including quality assurance of construction design, structural stability and integrity of all components.

(3) An interimly licensed container storage facility for hazardous waste which is being used as such on the effective date of this Chapter may be exempted from the requirement of a liner beneath the existing base if the applicant demonstrates to the Board's satisfaction that the facility has not in the past violated the performance standards established herein and that the facility design will provide full compliance with the performance standards at all times.

(4) Each building or separate container storage area must have a containment and collection system the capacity of which must exceed 20% of the total capacity of all containers and tanks used to store wastes or 110% of the capacity of the largest container or tank, whichever is greater. This system must also provide for sufficient freeboard to allow for containment and collection of precipitation resulting from a 24-hour, 25-year storm, unless the storage facility is enclosed.

(5) A tank must be designed and installed so that it can be fully inspected for structural integrity, deterioration, and leaks except that a tank whose base cannot be fully inspected must be designed and installed to meet the standards of 40 C.F.R. §264.193(e)(3) for double-walled tanks.

(6) Uncovered tanks must be designed to ensure at least 2 feet of freeboard at all times.

(7) Overtopping of tanks during continuous feed must be prevented by a system of automatic shutoff or by automatic diversion of the waste feed into a tank having at least 30 percent of the volume of the primary tank.

(8) A building or other structure used as a hazardous waste storage facility must meet all requirements, codes and standards of the Department of Public Safety (State Fire Marshal's Office).

(9) The date of manufacture of a tank must be painted in a prominent location on the tank.

(1) A container must not be used for the storage of hazardous waste for a period of time exceeding the design life of the container.

(2) The facility must comply with the requirements of 40 C.F.R. §264.191, except that references to 40 C.F.R. §264.193 shall mean Section 12(B) of this Chapter, references to sections in 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856, and references to 40 C.F.R. §264.196 shall mean Section 12(E) of this Chapter. In addition, any pipeline and pipeline valves that transfers hazardous waste to or from a tank used to store hazardous waste must be inspected and pressure tested at least annually or tested at least annually by a method approved by the Board or Department, to determine structural integrity. A pipeline that fails the test or a pipeline or tank that is determined as a result of the inspection to be unsafe must not thereafter be used to store or transfer hazardous waste. A tank, its piping and valves must be tested at least annually to determine the thickness and corrosion rate utilizing a method approved by the Board or Department. In addition, all piping valves must be internally inspected at least annually to determine fitness for use. The date of the most recent inspection and testing of a tank must be painted in a prominent location on the tank. Results of all tank and pipe testing must be submitted to the Department within 10 days of taking place.

(3) An underground tank that is not prohibited by Section 12(A)(2) of this Chapter must be tested at least semi-annually by the method(s) recommended in Rule for Underground Oil Storage Facilities, 06-096 C.M.R. ch. 691. An underground tank that fails the test or leaks must be removed and may not be replaced. Underground hazardous waste storage systems (tanks and piping) with secondary containment, and continuous interstitial space monitoring, need not be tested annually except to ensure that the leak detection equipment is operating properly in accordance with the testing and calibration requirements of 06-096 C.M.R. ch. 691, § 7(C) 2.

(4) Hazardous waste must not be stored in containers or tanks which are rusted, bulging or leaking. The facility must comply with the container requirements of 40 C.F.R. §264.171 and the tank requirements of 40 C.F.R §264.191.

(5) Containers or tanks must be compatible with the type of waste stored therein. The facility must comply with the requirements of 40 C.F.R. §264.172 and 40 C.F.R. §264.194(a).

(6) Containers or tanks used to store hazardous waste must not be used to store foodstuffs or animal feed or any substance likely to come into contact with foodstuffs or animal feed.

(7) Containers or tanks holding incompatible hazardous wastes must not be stored in the same enclosure, building or structure unless they are segregated in a manner that prevents the wastes from coming into contact with one another under any circumstances, including leakage or failure of a container or tank. The facility must comply with the requirements of 40 C.F.R. §§264.177 and 264.199, except that the references to 40 C.F.R. §264.17(b) shall mean Section 6(C)(8) of this Chapter.

(8) All hazardous waste containers must be stored in a manner that allows access for inspection and for remedial action if any container is found to be rusting, bulging or leaking or waste is spilled or discharged. In any event:

(9) Storage of hazardous waste in open containers or in open tanks not meeting the requirements of Section 12(B)(5) -(7) of this Chapter is prohibited. The facility must comply with the requirements of 40 C.F.R. §§264.173, 264.179, 264.194(b), 264.194(c), and 264.200, except that references to 40 C.F.R. §264.196 shall mean Section 12(E) of this Chapter.

(10) Wastes not already so labeled must, on arrival at the facility, be clearly and permanently labeled with the words "Hazardous Waste" and labeled to identify type of waste, generator and date of arrival.

(11) For any hazardous waste stored for longer than 180 days, the owner or operator of the facility must:

(12) The storage of any hazardous waste for longer than 360 days is prohibited unless the owner or operator of a storage facility applies for, in writing, and receives approval to do so from the Commissioner. Any extension must be for a period of time not exceeding 90 days, after which a new extension may be requested. In seeking approval, the owner or operator must demonstrate the maintenance of a segregated area for such waste, the continuing integrity of containers or tanks, the quantification and control of fugitive emissions, continuing security and continuing efforts to move the waste out of storage to other handling. If an approval for storage for longer than 360 days is not granted or if any request for extension is denied, continued storage of that waste is a violation of the license of the facility and, in addition, constitutes unlicensed disposal of the waste.

NOTE: For guidance on classifying residues of hazardous waste in empty tanks, refer to 06-096 C.M.R. ch. 850, § 3(A)(7).

(13) Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line. Tanks holding ignitable or reactive waste are subject to the requirements of 40 C.F.R. §264.198, except that references to 40 C.F.R. §§261.21 or 261.23 shall mean 06-096 C.M.R. ch. 850 and references to 40 C.F.R. §264.17(b) shall mean Section 6(C)(8) of this Chapter.

(1) Daily inspections must be made to ensure that:

(2) Weekly inspections must be made to ensure that:

(3) Monthly inspections must be made to ensure that:

(4) Every ten years, beginning on January 1, 1994, all aboveground vertical tanks with a capacity of 31,500 gallons or more must be inspected and deemed suitable for service in accordance with the standards published by the American Petroleum Institute (API) - #653.

(5) The owner or operator of a hazardous waste storage facility must maintain and keep current a written record and diagram, as applicable, showing:

(6) The results of annual tank and pipe testing must be recorded at the facility.

(1) Breaks in the liner(s) must be repaired immediately.

(2) In the event any container is found to be rusted, bulging, leaking or otherwise unsafe, the wastes contained therein must be transferred immediately to another container that does meet the standards provided in 49 C.F.R. §173. If the unsuitable container is repaired so that it meets the specifications in 49 C.F.R. §173, it may be reused.

(3) The facility must comply with the requirements of 40 C.F.R. §264.196, except that references to other sections in 40 C.F.R. Part 264 shall mean this Chapter, and references to sections in 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856.

(4) The liquids must be removed from the containment structure of a storage facility which is not enclosed as soon as practicable, but in no case later than 24 hours or at another time approved by the Department after detection of the leak. Upon request by the owner or operator, the Department may extend the 24-hour time limit if the owner or operator demonstrates further removal is not necessary to prevent further harm to human health or the environment. An evaluation must be performed as to whether such liquids are a hazardous waste prior to treatment or disposal of the liquids.

(5) If, at any time during operation, closure, or post-closure of the facility, the performance standards of this section are not being met, a corrective action program must be implemented, details of which must be specified or approved by the Department.