06- 096 C.M.R. ch. 600, § 8

Current through 2024-51, December 18, 2024
Section 096-600-8 - Existing Land Based Oil Terminal Facility Minimum Design Standards, Construction Standards, and Related Measures
A.Notification of Work. The owner or operator shall notify the Department of substantial modifications, rehabilitation, and new construction including, but not limited to, the installation of new tanks and tank floors, tank repairs, the construction of new secondary containment, new dikes, and new dike floor liners prior to implementation, and excavations within 10 feet of underground piping. The designs must be signed and sealed by a State of Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes.
B.Aboveground Oil Storage Tanks.
(1) New Tanks. Any new aboveground oil storage tank added to an existing terminal must meet the rules and construction standards of Section (7)(B) of this Chapter. A new tank may vary from the spacing requirements if an alternate fire plan is approved by the State Fire Marshal's Office and the local fire suppression agency.
(2) Reuse of Tanks. Existing aboveground oil storage tanks that have been closed may be reused only if the following conditions are met:
(a) The existing tank must have an ASME code stamp, API nameplate, or UL label; and
(b) Satisfactory documentation must be provided to the Department that the tank has been inspected by a qualified State of Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes and found to meet the specifications of API 650. The documentation must be signed and sealed by the professional engineer that conducted the inspection.
(3) Corrosion Protection. All existing aboveground oil storage tanks must have a cathodic protection system for any portion of the tank in contact with soil or backfill, in accordance with API RP 651, API 650, and API 653 or NACE SP0169, 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. The cathodic protection system must be installed when a release prevention barrier is installed. The owner or operator may propose alternate corrosion protection measures addressed in API 651 other than cathodic protection for review and approval by the Department, provided the methods are based on good engineering principles and current industry practice.

Note: Impressed current cathodic protection systems are recommended for double bottom tanks.

(4) Painting. The exterior tank shell on existing aboveground oil storage tanks must be painted and maintained in good condition to prevent excessive rusting and or corrosion to the exterior of the tank. Tank painting must be in accordance with nationally recognized industry standards, such as the SSPC publication Painting Manual, Volume 1, Good Painting Practice. Insulated tanks are exempt from this requirement.
(5) Upgrade and Repair of Tanks. If an aboveground oil storage tank inspection reveals a discharge, excessive corrosion, excessive tank settlement, or any other deficiency which could result in a discharge, the tank must be repaired to standards equal to or better than the standards of original construction.
(a) Unacceptable levels of corrosion and tank settlement are as defined in API RP 651, API 650, and API 653.
(b) All riveted and bolted tanks must have all seams sealed, including rivets and bolts on the bottom and first course of shell plates. Heated oil tanks storing #6 oil or asphalt are exempt from this requirement.
(i) An oil terminal owner or operator shall notify the Department within 3 days of discovery of a weep. A weep is defined as a film or stain that travels down the tank one complete ring from the rivets, bolts, or seams of a riveted or bolted aboveground oil storage tank. The notification must identify the tank and the location of the weep as it appears on the tank. Within 14 days of discovery of the weep, the oil terminal facility owner or operator shall either drain the tank below the level of the weep or propose an alternate method for controlling the weep acceptable to the Department prior to the weep being properly repaired.
(ii) A weep which comes in contact with the ground surface must be reported to the Department within two hours of its discovery. The oil terminal owner or operator shall drain the tank below the level of the weep within 14 days of discovery. The tank may not be filled above the level of the weep until the Department has received a report from the terminal owner or operator demonstrating that the weep has been properly repaired.
(c) Tank liners are not an acceptable form of tank bottom repair unless provisions are made for leak detection between the liner and the repaired steel bottom.
(6) Release Prevention for Tank Bottoms. Release Prevention Barriers (RPB) with leak detection must be provided for all active field constructed tank bottoms. Tanks used for asphalt and #6 fuel oil are exempt from the requirement for an RPB.
(a) An RPB may include a steel double bottom, a synthetic liner, a geosynthetic clay liner, a clay liner or existing soils under the tank provided they meet the standard in Section (8)(B)(6)(b) below, or such system as the Commissioner may determine provides the same protection from oil migration due to leakage and equivalent leak detection.
(b) Engineered clay or an existing soil liner under a tank may serve as an RPB if the engineered clay is at least 12 inches thick or the existing soil layer is at least 24 inches thick and meets the following water permeability standards:

Gasoline, ethanol

1 x 10-6 cm/sec

Mid Distillates

1 x 10-5 cm/sec

Crude Oil

1 x 10-5 cm/sec

#4, #5 Fuel Oils

1 x 10-4 cm/sec

Permeability of clay or existing soil RPB's must be determined by a Maine licensed professional engineer or licensed geologist using a method capable of testing both horizontal and vertical permeabilities. A soil survey plan, test method, testing location and test protocol must be submitted to the Department for approval.

(c) All tanks except those storing asphalt and #6 fuel oil must be fitted with leak detection upon installation of an RPB. Acceptable methods of leak detection are shown in API 650. Tanks using existing soil liners must have leak detection comprised of permeable sand or gravel of adequate thickness with collection pipes so that a leak can be detected before passing through the existing soil liner, or such other system as the Department may find acceptable. The Department considers criteria such as speed of detection and reliability for both the system and the leak detection method, as well as service life in evaluating and approving an alternate method.
C.Piping, Valves and Pumps.
(1) All new piping runs added to, or replacing, existing runs at an existing facility must be constructed in accordance with the requirements of Sections (7)(C)(1) and (7)(C)(4) of this Chapter. For purposes of this Section, "replacing" means removal and installation of 25 or more feet of the new piping run.
(2) Underground Piping. All existing underground piping must be surveyed and shown on a site plan. The plan must clearly show the location, material, size and estimated burial depth of all underground piping.
(3) Identification. All aboveground piping at facilities that handle multiple types of products must be marked or labeled to clearly identify the oil product contained in the piping. All fill ports (into tanks or trucks) must be color coded or labeled as specified in API 1637.
(4) Pipe Supports. Aboveground piping must be adequately supported and protected from physical damage caused by freezing, frost heaving, vehicular traffic, and any other reasonably foreseeable potential cause of damage.
(5) Pressure Relief. Pressure relief valves or an alternate pressure venting procedure must be provided on piping that could be blocked in and filled with oil.
(6) Corrosion Protection. Aboveground piping must be painted or coated to prevent corrosion. Underground piping must be cathodically protected in accordance with NACE SP0285.
(7) 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. In addition, a normally closed automatic valve must be installed immediately downstream of the shell valve on tanks serving a loading rack at unstaffed facilities. Tanks used exclusively for storing asphalt are exempt from this requirement.
(8) Impact Protection. Piping must have adequate protective guards where vehicular impact or other physical impact is possible.
(9) Pump Leaks. Pumps must be equipped with secondary containment to catch leaks from bearings, packings and seals.
D.Tank Secondary Containment.
(1) All new, reconstructed, or relocated tanks installed in a new diked area at an existing facility must meet the requirements of Section (7)(D) of this Chapter.
(2) A new tank in an existing diked area must have secondary containment with leak detection for the tank bottom. This may be accomplished through use of a double bottom tank or by providing a new tank base pad that meets the permeability standards of Section (7)(D)(3) of this Chapter. The remainder of the diked area must meet the requirements of Section (8)(D)(5) below.
(3) Capacity of Spill Containment Dikes. All existing oil terminal facilities must meet the requirements of Section (7)(D)(1) of this Chapter.
(4) Dike Configuration. The standards of the NFPA 30 govern dike configuration for existing facilities as far as practical.
(5) Dike Impermeability. The base and walls of a diked area surrounding an aboveground storage tank must be designed, constructed, and maintained in a condition that prevents any release of oil within the diked area from reaching a surface water body within 72 hours, or ground water within 72 hours as specified below in (a)(iii).
(a) A site assessment is required under the following conditions:
(i) When any previous release within a diked area has reached surface water within 72 hours of the release; or
(ii) When the documented dike base and walls soil type, permeability, and the distance from the diked area to the nearest downgradient surface water body is less than indicated in the table below:

Soil Type

Permeability in centimeters per second

Distance (feet)

Clay, silt, silt and clay

<5 x 10-4

N/A

Silty sand

<4 x 10-3

13

Clean find sand

<1 x 10-2

28

Clean medium sand

<5 x 10-2

45

Clean course sand

<2 x 10-1

72

Sand and gravel

<3 x 10-1

101

Clean medium gravel

<1.4

246

Shale

<5 x 10-6

6

Sandstone

<2 x 10-3

11

Fractured rock sites require a site assessment; and

(iii) When any release within a diked area has reached ground water more than 30 feet horizontally outside of the diked area within 72 hours.
(b) If the site assessment indicates that a release of the specific oil within the diked area will not be prevented from reaching surface water, or ground water as specified in Section (8)(D)(5)(a)(iii), within 72 hours, the diked area must be improved to meet this requirement within one year of the site assessment.
(c) The detailed design of new or modified secondary containment dikes must be signed and sealed by a State of Maine licensed professional engineer or an engineer otherwise working in compliance with Maine's professional regulation statutes.
(6) Valve Access. Tank shut-off valves must be accessible and operable during a 24-hour storm, 100-year precipitation event and all operating conditions.
(7) Dike Stairways. Permanent fixed stairways must be provided for access to diked areas to prevent degradation of dike walls.
E.Leak Monitoring and Detection.
(1) The Department may require monitoring wells and leak detection devices at existing facilities known or reasonably suspected to be a source of contamination.
(2) Existing monitoring wells must be checked for free phase product and depth to ground water annually or as directed by the Department as a licensing requirement of oil terminal facilities.
(3) Monitoring wells must be designed and constructed as described in Appendix A. New monitoring wells must be located to avoid penetrations in any diked area liner. Any ground water monitoring well in the floor of a diked area containing active tanks and piping must be designed and constructed in such a way that the well does not become a conduit for contaminants to move to ground water or surface water in the event of a discharge.
F. Existing Tank Truck and Tank Car Loading and Unloading Spill Containment.
(1) Except for facilities handling only asphalt, tank truck loading and unloading areas must be provided with impervious secondary containment that is designed, constructed, and maintained to contain spills in amounts up to the volume of the largest compartment of any tank truck loaded or unloaded at the facility. These secondary containment systems must be designed and constructed to prevent the collection of storm water runoff and must be connected to either a slop tank for removal and disposal or to an oil water separator.
(2) Except for facilities handling only asphalt and #6 oil, tank car loading and unloading areas must be equipped with a device that automatically stops the flow of the liquid into the tank car when the liquid level in the tank car reaches 95% of capacity. The loading and unloading areas must also be provided with impervious secondary containment designed, constructed and maintained to prevent a discharge from coming in contact with soils and ballast associated with the rail line. The secondary containment must be designed to prevent the collection of storm water runoff and must be connected to either a slop tank for removal and disposal or to an oil water separator. Storm water drainage from facilities handling only #6 oil and asphalt must be connected to a slop tank for removal and disposal or an oil water separator.
G.Reopening a Closed Facility. An oil terminal facility that closed or underwent facility closure must meet the standards for existing facilities if reopening within 10 years of the closure date. Closure date is the date when the facility last operated as a licensed oil terminal facility. Any facility reopening after a closure of more than 10 years must meet the standards for a new facility, including the siting standards in Section (6) of this Chapter.
H.Other Requirements. All existing oil terminal facilities must meet the requirements of Sections (7)(E), (7)(F) (1)-(4), (7)(G), (7)(H), (7)(I) and (7)(K) of this Chapter.
I.Shop-Fabricated Tanks.
(1) New shop-fabricated tanks must meet the requirements of Section (7)(J) below. New tanks may vary from the spacing requirements if an alternate fire plan is approved by the State Fire Marshal's Office and local fire suppression agency.

06- 096 C.M.R. ch. 600, § 8