Maine DEP Making Changes to Marine Oil Terminal Rules

The Maine Department of Environmental Protection (DEP) is making changes to Chapter 600, the Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels. To receive feedback from affected stakeholders, DEP this month held outreach meetings to present the proposed rule changes and solicit comments. The proposed changes are significant and include:

• Requiring existing facilities to upgrade stormwater management systems to accommodate 24-hour, 100-year storm events
• Requiring existing facilities’ valves to be operable under 100-year flood conditions
• Requiring a Natural Hazard Risk Assessment, a minimum 30-year forward looking assessment of climate change and sea level rise impacts with every license renewal application

• Changing the requirements for out-of-service tanks
• Increasing the maximum frequency of required internal tank inspections to 10 and 15 years, depending on the tank’s safeguards
• Updating financial assurance, facility closure planning, and liability insurance requirements to align with recent statutory changes

DEP expects to issue a proposed rule for public comment sometime this summer, and anticipates adopting the revised rule in the first half of 2023. For more information about the proposed rule revisions, or for information about the public comment process please contact firm Environmental Practice Group attorneys Lisa Gilbreath (207.791.1397) or Georgia Bolduc (207.791.1249).