Weekly State Rulemaking Notices – 8/1/18

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 691, Rules for Underground Oil Storage Facilities
Ch. 693, Operator Training for Underground Oil Hazardous Substance, Field Construction Underground Oil Storage Facilities, and Airport Hydrant Systems
PROPOSED RULE NUMBERS: 2018-P171, P172
BRIEF SUMMARY: The Department is initiating this rulemaking in order to align state requirements with federal requirements. Most of the proposed changes are in accordance with the EPA’s regulatory changes in 2015. States with delegated authority such as Maine, are required to achieve regulatory consistency by October 13, 2018.
DETAILED SUMMARY: Most of the proposed changes to Ch. 691 are in accordance with the EPA’s regulatory changes in 2015. States with delegated authority such as Maine, are required to achieve regulatory consistency by October 13, 2018. The major changes within this rule, which are needed to gain consistency with federal regulations, include:
* Sump testing every 3 years, unless the sump is double walled, to ensure sumps are liquid tight;
* Changing the annual statistical inventory analysis leak detection method to monthly statistical inventory reconciliation. Currently 7 facilities would need to make this change and DEP staff has met with each facility;
(the last of these tanks are scheduled to be removed by August 1, 2019);
* Facilities may remain temporarily out of service for up to 12 months, a reduction from the current 24 months; however, approval to remain out of service for longer periods of time may be obtained from the Commissioner;
* Discharge investigation, response and corrective action is required for aboveground tanks associated with field constructed tanks or airport hydrant systems and wastewater treatment tank systems not regulated by the federal NPDES or pretreatment programs;
* Aligning discharge investigation and corrective actions to federal rules for protection of surface waters and consistency between the state and federal rules; and
* Installation of double walled spill buckets for new or replacement construction, eliminating the need for the 3-year sump testing.
The proposed changes to Ch. 693 address field constructed underground oil storage facilities and airport hydrant systems as required by the federal regulations. Maine does not currently have any field constructed underground oil storage tanks, and only 2 airport hydrant systems. DEP staff have met with personnel from both locations to explain the proposed rule and provide technical assistance.
PUBLIC HEARING: August 21, 2018 at 1:00 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: August 31, 2018 – 5:00 p.m.
Copies of these rules are available upon request by contacting the agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, email or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, Maine 04330. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 561 – 570-M
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR Part 280
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .