Maine DEP Seeks Comments on Amendments to Underground Storage Tank Rules

During its most recent session, the Maine Legislature amended the statutory provision that requires the removal from service and abandonment of underground storage tanks (USTs) upon the expiration of the manufacturer's warranty.  Effective September 28, 2011, double-walled USTs may remain in service for 10 years beyond the expiration of the manufacturer's warranty if certain requirements are satisfied.  The Department of Environmental Protection (DEP) estimates that as many as 1,500 USTs could benefit from this amendment over the next 10 years.

DEP has begun the process of amending Chapter 691 of its rules to implement the statutory change and is seeking comments on proposed amendments to this chapter by September 15, 2011.  The amendments, among other things:

• Provide for the retrofitting of single-walled USTs so that these tanks may take advantage of the statutory change that applies to double-walled tanks, and
• Specify the technical steps that must be satisfied for both single-walled and double-walled tanks to remain in service for the additional 10 years.

As proposed, only marketing and distribution facilities – those underground storage facilities where oil (i.e., oil, oil additives, petroleum products and their by-products) is stored for eventual resale – would be able to continue use of their USTs for the additional 10-year period.

The amendments on which DEP seeks comments are an initial draft that the Department intends to revise prior to commencing formal rulemaking under the Maine Administrative Procedures Act.  While there will be additional opportunity for public comment during the course of the formal rulemaking process, the Department is interested in early input and now is an opportune time to provide feedback and help shape the amendments while still in this formative stage.  At the time of this alert, a copy of the proposed amendments is not available on the Department's website, so we are unable to provide a link.  If you are interested in reviewing the proposal, please let us know and we can email you a copy.  You also may obtain a copy from George Seel at DEP.