250-RICR-140-25-2
250-RICR-140-25-2. Oil Pollution Control Regulations (version Periodic Refile, 12/31/2001 to 05/02/2018)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF GROUNDWATER AND FRESHWATER WETLANDS
OIL POLLUTION CONTROL REGULATIONS
AUTHORITY: Chapters 46-12, 42-17.1 and 42-35 of the General
Laws of Rhode Island, 1956, as Amended
Table of Contents
Section
Page
Purpose and Goals............................................... 2
Authority....................................................... 2
Severability.................................................... 2
Applicability and Construction.................................. 2
Definitions..................................................... 3
Prohibited Activities........................................... 6
Oil and Waste Transfers......................................... 7
Ballasting of Oil-Carrying Vessel............................ 11
Boiler Rooms and Remote Fill Tank.............................. 11
Above Ground Storage Facilities................................ 12
Repairing and Reconditioning of Above Ground Storage Tanks..... 20
Oil and Waste Release Response................................. 22
Storage and Removal of Oil Spill Cleanup Debris................ 24
Spill Prevention and Emergency Plans........................... 25
Discharges to Reception Facilities............................. 26
Variances...................................................... 27
Superseded Regulations......................................... 27
Penalties...................................................... 28
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OIL POLLUTION CONTROL REGULATIONS
Section 1. Purpose and Goals
These regulations are intended to prevent the discharge,
escape or release of oil into the waters of the State and to
preserve and protect the quality of the waters of the State,
consistent with the purposes of the Federal Clean Water Act
and Rhode Island General Laws, Chapter 46-12.
Section 2. Authority
These regulations are adopted pursuant to Chapter 46-12, 42-
17.1, and 42-35 of the General Laws of Rhode Island, as
amended.
Section 3. Severability
If any provision of these rules and regulations or the
application thereof to any person or circumstances is held
invalid by a court of competent jurisdiction, the remainder of
the rules and regulations shall not be affected thereby. The
invalidity of any section or sections or parts of any section
or sections shall not affect the validity of the remainder of
these rules and regulations.
Section 4. Applicability and Construction
(a)
These regulations are applicable to activities conducted
in or on the waters and land of the State, as well as to
those activities conducted in a location where oil or
other pollutants are likely to enter the waters of the
State. All persons who engage in the storage or
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transportation of oil, including industry and federal,
state, and local governments, as well as, to a limited
extent, residential homeowners, may be subject to these
regulations.
(b)
Persons and activities subject to these regulations may
also be subject to other DEM and federal regulations,
including, but not limited to: Rhode Island Pollutant
Discharge Elimination System Regulations, Underground
Injection
Control
Regulations,
Regulations
for
Underground
Storage
Facilities
Used
for
Petroleum
Products
and
Hazardous
Materials,
Water
Quality
Regulations, Solid Waste Regulations and Hazardous Waste
Regulations.
(c)
These regulations shall be construed in harmony with
other DEM regulations and those regulations promulgated
by the Coastal Resources Management Council and federal
agencies who may have concurrent jurisdiction. In cases
where
these
regulations
may
conflict
with
other
regulations, the more restrictive regulations shall
govern.
(d)
The DEM may require any person subject to these
regulations to provide additional information about any
activity
subject
to
these
regulations
where
such
information is deemed necessary. Failure to disclose
such
information
shall
be
cause
for
initiating
appropriate enforcement action and shall constitute
valid cause for denial of a permit or order of approval
and
may
result
in
an
order
restricting
certain
activities.
(e)
These regulations shall be liberally construed to permit
the Department of Environmental Management to effectuate
the purposes of the state law.
(f)
Nothing in these regulations shall be deemed to
interfere with the Director's power and duty to issue an
immediate order pursuant to Sections 46-12-10 and 42-
17.1-2 of the General Laws of Rhode Island.
Section 5 Definitions
Whenever used in these regulations, the following terms shall
have the following meanings:
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BILGE WASTE means the waste from the lower part of a vessel's
containment area or hold.
BIOLOGICAL ADDITIVES mean microbiological cultures, enzymes,
or nutrient additives that are deliberately introduced into an
oil discharge for the specific purpose of encouraging
biodegradation to mitigate the effects of the discharge.
BOOM means a structural device or devices used to contain and/
or absorb oil or other pollutants that may be placed into
water.
BURNING AGENTS mean those additives that, through physical or
chemical means, improve the combustibility of the materials to
which they are applied.
CFR means Code of Federal Regulations.
CHEMICAL AGENTS mean those elements, compounds or mixtures
that
coagulate,
disperse,
dissolve,
emulsify,
foam,
neutralize,
precipitate,
reduce,
solubilize,
oxidize,
concentrate, congeal, entrap, fix, make the pollutant mass
more rigid or viscous, or otherwise facilitate the mitigation
of deleterious effects or removal of the pollutant from the
water.
DEM means the Rhode Island Department of Environmental
Management.
DIRECTOR means the Director of the Department of Environmental
Management or any subordinate or subordinates to whom he has
delegated the powers and duties vested in him by law or
regulation.
DISCHARGE means the addition of any pollutant to the waters
from any point source or placement where it is likely to enter
waters of the state.
DISPERSANTS mean those chemical agents that emulsify, disperse
or solubilize oil into the water column, or promote the
surface spreading of oil slicks to facilitate dispersal of the
oil into the water column.
FACILITY means any parcel of real estate or a contiguous
series or parcels of real estate together with any and all
structures, facility components, improvements, fixtures and
other appurtances located herein which constitutes a distinct
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geographic or comercial unit and at which petroleum products
and/or oil are stored.
GAA means classification of groundwater suitable for public
drinking water use without treatment pursuant to R.I.G.L. 46-
13.1-4 and any rules and regulations promulgated thereunder.
GA means classification of groundwater suitable for public or
private drinking water without treatment pursuant to R.I.G.L.
46-13.1-4
and
any
rules
and
regulations
promulgated
thereunder.
GROUNDWATER means all underground waters of whatever nature.
NFPA CODE 30 means the National Fire Protection Association
publication number 30 entitled, " Flammable and Combustible
Liquid Code".
OCEANGOING SHIP or SEAGOING VESSEL means a vessel that; (a) is
operated under the authority of the United States and engages
in international voyages; or (b) is operated under the
authority of the United States and is certified for ocean
service; or (c) is operated under the authority of the United
States and is certified for coastwise service beyond three
miles from land; or (d) is operated under the authority of the
United States and operates at any time seaward of the
outermost boundary of the territorial sea of the United
States; or (e) is operated under the authority of a country
other than the United States.
OIL means petroleum, gasoline, tar, asphalt , or any product
or mixture thereof, or any substance refined from petroleum or
crude oil.
OIL CARRYING VESSEL means any floating craft or vessel
equipped to carry bulk oil as cargo, or equipped to carry more
than 5,000 gallons of fuel for its own use or which carries
oil or chemical wastes.
OIL SPILL CLEANUP DEBRIS means waste resulting from the
cleanup of oil debris caused by spilling, depositing,
releasing or placing of oil onto the land or waters of the
State and include but not be limited to soil, absorbent
material, or any other material contaminated with oil.
OPERATOR means the person or persons in control of or having
responsibility for operating or maintaining any property which
is subject to these regulations.
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OWNER means the person who holds title to, or lawful
possession of, real or personal property which is subject to
these regulations.
PERSON means an individual, trust, firm, joint stock company,
corporation
(including
a
quasi-government
corporation),
partnership, association, syndicate, municipality, municipal
or state agency, fire district, club, non-profit agency, or
any subdivision, commission, department, bureau, agency or
department of state or federal government (including quasi-
government corporation), or any interstate or international
body.
POINT SOURCE means any discernible, confined and discrete
conveyance, including but not limited to any pipe, tank,
ditch, channel, tunnel, conduit, well, discrete fissure,
container,
rolling
stock,
concentrated
animal
feeding
operation, or vessel or other floating craft, from which
pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
PLACE or RELEASE means adding, spilling, releasing, leaking,
pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, spraying into the air, dumping or
disposing into the environment of oil, such that oil is likely
to enter the waters of the State.
POLLUTANT dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or
discarded equipment, or industrial, municipal, agricultural or
other waste, petroleum products, including but not limited to
oil.
RECEPTION FACILITY means a facility that has obtained a
"certificate of adequacy" from the Coast Guard pursuant to 33
CFR 158, and means anything capable of receiving shipboard oil
or chemical wastes that includes, but is not limited to: (a)
fixed piping that conveys wastes from the vessel to a storage
or treatment system; (b) tank barges, railroad cars, or tank
trucks and other mobile facilities; and (c) any combination of
fixed and mobile facilities. This term shall also include
"certified shore facility or terminal", as used in Section 46-
12-37 of the Rhode Island General Laws.
SINKING AGENTS mean those additives applied to oil discharges
to sink floating pollutants below the water surface.
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SURFACE COLLECTING AGENTS mean those chemical agents that form
a surface film to control the layer thickness of oil.
TERMINAL means an onshore facility or an onshore structure
used or intended to be used as a port or facility for the
transfer or other handling of oil. A ship repair yard is a
terminal.
VESSEL means every description of watercraft or other
artificial contrivance used, or capable of being used, as a
means of transportation on water, whether self-propelled or
otherwise, and shall include barges, tugs and any other
floating structure used for the storage and or transportation
of oil.
WATERS OF THE STATE mean all surface waters and groundwaters,
including waters of the territorial sea, tidewaters, all
inland waters of any river, stream, brook, pond or lake,
wetlands and all underground waters of whatever nature.
Section 6. Prohibited Activities
(a)
No person shall place oil or pollutants into the waters
or land of the State or in a location where they are
likely to enter the waters of the State, except in
compliance with the terms and conditions of a permit or
order issued by the Director. This prohibition shall
include, but not be limited to, releases, discharges or
placement of pollutants from:
(1)
Storm water runoff from an oil refinery, oil
storage tank farm, or oil manufacturing industry;
(2)
Boat or ship repair and maintenance, including dry
dock operations;
(3)
Bilge or ballast water from any vessel;
(4)
Exhaust steam from any coil or other device used
to heat oil;
(5)
Drainage from underground pipe gallery used as a
conduit for oil pipes;
(6)
Drainage from the floors of a boiler room;
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(7)
Drainage from dike areas around oil storage tanks;
(8)
Drainage
to
unauthorized
underground
injection
wells or lagoons;
(9)
Drainage from automobile repair, maintenance or
wrecking operations.
(b)
This section shall not prevent the discharge into any
public sewer system, provided that the local public
sewer authority approves such discharge, and that such
discharge
complies
with
local,
state
and
federal
pretreatment requirements.
(c)
This section shall not prevent the discharge of oil
waste or chemical waste or bilge waste from an
oceangoing ship into a "reception facility" that has
obtained a "certificate of adequacy" pursuant to 33 CFR
158, provided, however, that the owner or operator of
the
oceangoing
ship
complies
with
the
financial
responsibility provisions of Section 15.
Section 7. Oil and Waste Transfers
(a)
The owner and operator of an oil carrying vessel and the
owner and operator of a terminal shall take the
following precautions prior to and during the transfer
of oil and wastes:
(1)
Any flexible hose used in the transfer shall be
tested at a pressure in excess of that to which it
will be subjected in use, and such test shall be
conducted annually.
(2)
Drip pans shall be placed under hose connections on
the oil carrying vessel, and drip pans and a tight
wharf or pier section enclosed by a curb raised to
not less than four inches above the deck level is
provided under the hose connections on the wharf or
pier. Drip pans must be in place before tight
blank, as provided in (6) of this rule, is removed
and they must remain in place until the blank is
replaced and the hose is moved. This rule shall not
prevent the installation of a drain to a tight
curbed wharf or pier section for the removal of
storm water, provided the drain is tightly closed
during any oil or waste transfer and no oil or
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waste contaminated drainage from the tight section
is discharged into the waters of the State when the
drain is open.
(3)
Hoses shall be supported so as not to become
crushed between the oil carrying vessel at the
wharf or pier and to prevent undue strain on the
hoses and manifolds caused by sharp bends in the
hoses.
(4)
Hoses shall be long enough so that they will not be
strained by any movement of the oil carrying vessel
if the vessel's mooring lines are adequately
tended.
(5)
Mooring lines shall be tended frequently to prevent
excessive movement of the oil carrying vessel at
the wharf or pier.
(6)
Hose ends shall be blanked tightly when hoses are
moved into position to be connected, and also
immediately after they are disconnected, before
they are moved away from their connections.
(7)
Throughout the transfer operation, a person shall
be stationed on the deck of the oil carrying vessel
in site of the hose and its connections, and
another person shall be stationed on shore in sight
of the hose and its shore connection. Other trained
personnel, as neccessary, shall be on duty so as to
insure immediate action in case of a malfunction.
(8)
The scuppers on the oil carrying vessel shall be
plugged watertight during the oil transfer or
ballasting operation.
(9)
If the transfer is to take place after sunset and
before sunrise, the decks and wharf or pier area,
as well as the water area between the vessel and
the wharf, shall be brightly illuminated and
emergency
auxillary
lighting
and
generating
equipment shall be readily available.
(10) All sea valves connected to the cargo piping, stern
discharge, and ballast discharge valves shall be
closed and sealed with a numbered seal.
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(11) All hose riser valves not to be used shall be
closed and blank flanged, and all air valves on
headers shall be closed.
(12) Means of communication between the oil carrying
vessel and shore shall be checked and all signals
between the vessel and shore thoroughly understood.
(13) Loading shall be started at a slow rate and an
inspection made of the oil carrying vessel's tanks
to determine that all is going according to plan
before loading is increased to desired rate.
(14) No more tanks shall be loaded at one time than can
be safely watched and controlled.
(15) Special attention shall be paid during the topping-
off process to the loading rate, the number of
tanks open, the danger of air pockets, and the
inspection of tanks already loading.
(16) To allow time for orderly control, the slow down
for topping-off shall be anticipated and notice
given to shore personnel.
(17) Water around the oil carrying vessel's side shall
be inspected frequently, especially in the area of
the seacocks, to insure that no oil is escaping
overboard.
(18) Upon completion of loading, all tank valves and
loading valves shall be closed. After draining,
hoses
shall
be
disconnected
and
hose
risers
blanked.
(19) Lines and valves in the pumprooms and on deck shall
be checked by the ship's master or senior deck
officer to see that they are properly set for
discharging cargo. An additional check shall be
made for the same purpose each time the setting is
changed.
(20) A check valve to prevent backflow shall be located
in the discharge line of each oil cargo pump of a
centrifugal type; the check valve shall be located
at a point in the discharge line ahead of any
connection the line makes with the discharge line
from any other cargo pump on the vessel.
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(21) A copy of the "Declaration of Inspection", required
by the United States Coast Guard, shall be handed
to
the
terminal
superintendent
or
his
representative, who shall, on demand, be given the
opportunity to satisfy himself that the condition
of the oil carrying vessel is as stated in the
"Declaration of Inspection."
(22) The terminal shall have readily available essential
equipment to contain and remove any oil spillage,
and have personnel available on a 24 hour emergency
basis who are familiar with such salvage or cleanup
operations.
(23) The Owner/Operator shall meet all sample collection
requirements of the Coastal Resources Management
Council.
(24) The Owner/Operator shall obtain a permit, as
required
by
the
Coastal
Resources
Management
Council, and comply with all permit terms and
conditions.
(25) No oil carrying vessel, while at anchor, shall
transfer oil while gale warnings (wind velocity 35
knots or more) are in effect.
(26) Vessel-to-vessel transfers may be carried on at the
dock with prior notification and approval of the
United States Coast Guard. Offshore transfers may
only be carried onin anchorage areas designated by
the Coastal Resources Management Council, except
for
the transfer of fuel for a vessel's own use.
Prior to conducting any vessel-to-vessel transfer
the owner or operator of such vessels shall notify
DEM of the date, time, and volume of such transfer
and shall contract for emergency, stand-by cleanup
services. The Director of DEM may, on an emergency
basis,
further
restrict
such
vessel-to-vessel
transfers and require that such transfers be
limited to onshore terminal facilities.
(27) If two or more cargo pumps discharge into a common
line on the vessel or on the shore, assurance shall
be made that a check valve, in good working order,
is in each line to prevent backflow of cargo in the
event that one pump stops.
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(28) In all other respects, conform to applicable Coast
Guard regulations.
Section 8. Ballasting of Oil-Carrying Vessels
(a)
The owner and operator of an oil-carrying vessel shall
take the following precautionary measures prior to and
during the ballasting operation:
(1)
The transfer of cargo shall be completed and all
hose riser valves closed and connections blanked.
(2)
If ballast is to be pumped in, whether through deck
lines or bottom line, valves on the lines used are
set first; then the valves to the tanks to be
ballasted shall be opened; the necessary valves in
the pumprooms, except seacocks, shall be set next;
and cargo or ballast pumps shall be started before
opening seacocks.
(3)
If ballasting is done by gravity, ballast shall be
pumped in first for ten minutes in accordance with
the procedure outlined above in (2) to clear all
bottom lines of oil.
(4)
When ballasting has started, all tanks shall be
inspected to see that only the tanks intended are
receiving ballast.
(5)
The same attention shall be given to ballasting as
to topping-off tanks when loading cargo.
(6)
When completing the loading of ballast, seacocks
shall be closed before stopping the pumps.
(b)
The provisions of paragraphs (a):(1), (2), (3), and (6)
of this section shall not apply to any oil-carrying
vessel whose ballast piping system and ballast pumps are
wholly independent and not connected to the cargo
system.
SECTION 9. Boiler Rooms and Remote Fill Tanks
Within one year of the effective date of these regulations the
owner and operator of a facility shall:
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(a)
Install oil traps or manually operated drain valves, or
eliminate drains from boiler rooms. All oil traps shall
be adequately maintained and cleaned. All drain valves
shall be maintained in the closed position except when
the operator is in the process of draining oil-free
clean water in compliance with all applicable state and
federal regulations.
(b)
All above ground and underground storage tanks with a
remote fill and a capacity greater than or equal to 500
gallons shall be equipped with a high level warning
alarm system.
(c)
All tanks with a capacity greater than 500 gallons shall
install be equipped with spill containment around fill
areas.
SECTION 10. Above Ground Storage Facilities
(a)
Applicability; This section applies to all above ground
oil storage tank facilities with a combined storage
capacity of over five hundred (500) gallons.
(b)
Overfill Prevention
(1) Responsibility for transfer; The operator, when on
the premises or when in control of an oil transfer,
shall be responsible for transfer activities. If the
operator is not on the premises or not in control of an
oil transfer, the carrier will be responsible for
transfer activities. The operator or carrier must
employ practices for preventing transfer spills and
accidental discharges. Prior to the transfer, the
operator or carrier must determine that the receiving
tank has available capacity to receive the volume of oil
to be transferred. The operator or carrier must monitor
every aspect of the delivery and must take immediate
action to stop the flow of oil when the working capacity
of the tank has been reached or should an equipment
failure or emergency occur.
(2)
Shutoff valves for remote pumping units at motor fuel
dispensers; All dispensers of motor fuel under pressure
from a remote pumping system must be equipped with a
shear valve (impact valve) which is located in the
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supply line at the inlet of the dispenser. This valve
must be designed to close automatically in the event
that the dispenser is accidentally dislodged from the
inlet pipe. A valve meeting the standards set forth in
NFPA No. 30A, section 4-3.6 meets the requirements of
this subdivision.
(3)
Shutoff valves for gravity fed motor fuel dispensers;
All tanks which cause a gravity head on a dispenser of
motor fuels must be equipped with a device such as a
solenoid valve which is positioned adjacent to and
downstream from the operating valve. The valve must be
installed and adjusted so that liquid cannot flow by
gravity from the tank in case of piping or dispenser
hose failure. A valve meeting the standards set forth
in NFPA 30A, section 2-1.7 meets the requirements of
this subdivision.
(4)
Gauges for above ground storage tanks;
(A) All above ground oil tanks must be equipped with a
gauge which accurately shows the level of product in the
tank. The gauge must be accessible to the operator and
be installed so it can be conveniently read.
(B)
The
design
capacity,
working
capacity
and
identification number of the tank must be clearly marked
on the tank and at the gauge.
(C) A high level warning alarm, a high level liquid
pump cutoff controller or equivalent device may be used
in lieu of the gauge required above.
(5)
Check valve for pump filled tanks; All fill pipes
leading to a pump filled oil tank must be equipped with
a properly functioning check valve or equivalent device
which provides automatic protection against backflow. A
check valve is required only when the piping arrangement
of the fill pipe is such that backflow from the
receiving tank is possible.
(6)
Operating valves for gravity drained tanks; Each tank
connection through which oil can normally flow must be
equipped with an operating valve to control flow. A
valve which meets the standards set forth in NFPA No.
30, section 2-2.7.1 meets the requirements of this
paragraph.
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(c)
Secondary Containment System for Above Ground Tanks
(1)
A secondary containment system must be installed
around any above ground oil storage tank. The
secondary containment system must be constructed so
that spills of oil and chemical components of oil
will not permeate, drain, infiltrate, or otherwise
escape to the groundwater or surface water before
cleanup can occur. The secondary containment
system may consist of a combination of dikes,
liners, pads, impoundments, curbs, ditches, sumps,
receiving tanks or other equipment capable of
containing
the
product
stored.
The
minimum
capacity of the containment system shall be 110
percent of the volume of the tank or 110 percent of
the largest tank in a multiple tank containment
system. Construction of the containment system,
with the exception of the containment requirements,
shall be in accordance with NFPA No. 30, section
2-2.3.
(2)
If soil is used for the secondary containment
system, it must be of such character that any spill
onto the soil will be readily recoverable and will
result in a minimal amount of soil contamination.
(3)
Stormwater which collects within the secondary
containment system must be removed by a manually
operated pump or siphon, or a gravity drain pipe
which has manually controlled dike valves. All
pumps,
siphons
and
valves
must
be
properly
maintained and kept in good condition. If gravity
drain pipes are used, all dike valves must be
locked in a closed position except when the
operator is in the process of draining clean water
from the diked area.
(d)
Facilities Inspection
(1) Monthly inspections; The owner or operator of any
facility having above ground storage tanks must
inspect the facility at least monthly. This must
include:
(A) Inspecting exterior surfaces of tanks, pipes,
valves and other equipment for leaks, maintenance
deficiencies and any other equipment deficiency;
15
(B) Identifying cracks, areas of wear, corrosion
and
thinning,
poor
maintenance
and
operating
practices,
excessive
settlement
of
structures,
separation
or
swelling
of
tank
insulation,
malfunctioning
equipment
and
structural
and
foundation weaknesses; and
(C) Inspecting and monitoring all leak detection
systems,cathodic protection monitoring equipment,
or other monitoring or warning systems which may be
in place at the facility.
(2)
Ten year inspections; (A) Schedule; (i) in
addition to monthly inspections required above, the
owner
or
operator
must
perform
a
detailed
inspection of any above ground tank with a capacity
of ten thousand (10,000) gallons or more. The
initial inspection must be performed when the tank
is ten (10) years old, or within five (5) years of
the effective date of these regulations, whichever
comes later.
(ii) Any tank which is of an unknown age must be
inspected within five (5) years of the effective
date of these regulations.
(iii) If a tank is due for an initial inspection
but has previously been inspected in a manner
consistent with the criteria set forth, within a
ten (10) year period to the due date, the Director
may accept this previous inspection.
(iv) Reinspection of all tanks is required no later
than ten (10) years from the date of the previous
inspection.
(B) Exemptions; Ten year inspections are
not required for the following unless
otherwise specified:
(i) Tanks which are entirely above ground, such as
tanks on racks, cradles or stilts are exempt from
Section 10-d-2-C, i, ii, iii, iv, and v.
(ii) Tanks storing No. 5 or No. 6 fuel oil or tanks
storing asphalt products;
16
(iii) Tanks installed in conformance with standards
for new construction as set forth in Section 10,i,
1 thru 6.
(C) Requirements for ten-year inspection; A ten
(10) year inspection must consist of an apprporiate
tightness test of the tank and connecting piping or
an inspection which consists of the following:
(i) Cleaning the tank in accordance with generally
accepted practices;
(ii) Removal, transportation and disposal of sludge
in a manner consistent with all applicable state
and federal laws and regulations;
(iii) Inspecting the tank shell for soundness and
testing all welds and seams on the tank bottom for
porosity
and
tightness.
The
test
must
be
consistent with accepted industry testing and
inspection practices. This may include one or a
combination of the following: a tightness test, an
air pressure, hydrostatic or vacuum test, a
penetrant dye test and a non-destuctive test to
detect thinning of the tank;
(iv) Visual inspection of the internal surface of
the tank for corrosion or failure;
(v) Inspection of internal coatings for any sign of
failure of the coating system such as cracks,
bubbles, blisters, peeling, curling or separation;
and
(vi) A tightness test of any connecting underground
pipes.
(3)
Inspection reports; (A) Reports for each monthly
inspection
and
ten-year
inspection
must
be
maintained and made available to the department
upon request for a period of at least ten (10)
years. An annual report, comprising the monthly
inspection reports and any ten year inspection
reports completed in the previous 12 months, shall
be submitted to the Department of Environmental
Management, Division of Groundwater and Freshwater
Wetlands. Reports shall be submitted by December 31
of each year.
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(B)
The
reports
must
include
the
following
information:
(i)
identification
number
for
tank(s)
inspected;
(ii) date of inspection;
(iii)
results
of
inspection,
including
specific
inspection
procedures
any
deficiencies and corrective actions;
(iv) certification by the inspector that the
inspection has been performed in accordance
with these regulations;
(v) signature and address of the inspector.
(4)
Repair of equipment; If an inspection reveals a
tank
equipment
failure,
monitoring
equipment
failure, excessive thinning of a tank shell which
would indicate structural weakness when the tank
contains oil, remedial measures must be taken
promptly to eliminate any leak potential. See
Section 11.
(5)
Uninspected facilities; If any portion of a
facility
is
not
inspected
as
required,
the
uninspected portion of the facility must be taken
out-of-service pursuant to these regulations.
(e)
Closure of tanks
(1)
Temporary closure; Storage tanks or facilities
which are temporarily closed for thirty (30) days
or more must be closed as follows:
(A) All product must be removed from the tank and
the piping systems. Any waste product removed from
the tank must be disposed of in accordance with all
applicable state and federal requirements.
(B) All manways must be locked or bolted securely
and fill lines, gauge openings or pump lines must
be capped, plugged or blanked.
18
(2)
Permanent closure; Any tank which is closed for a
period of 180 days or more shall be considered
permanently closed and shall comply with the
following:
(A) Liquid and sludge must be removed from the tank
and connecting lines. Any waste products must be
disposed of in accordance with all applicable state
and federal requirements.
(B) The tank must be rendered free of oil vapors.
(C) All connecting lines must be disconnected or
blanked. Manways must be securely fastened.
(D) Tanks must be stenciled with the date of
permanent closure.
(f)
Storage Tanks or facilities which have not been closed
purusant to Section e, are subject to all requirements
of Section d.
(g)
Used tanks; Tanks which are removed and do not meet the
requirements of Section 10,i, 1 thru 6 are prohibited
from being reused for the purpose of oil storage.
(h)
Groundwater Monitoring Program; All facilities with a
combined storage capacity greater than or equal to
50,000 gallons, or any facility with a storage capacity
greater than or equal to 5,000 gallons which is located
in an environmentally sensitive area, which for the
purpose of these regulations shall be defined as any
area with a groundwater classification of GAA, shall;
within six months of the effective date of these
regulations, implement a groundwater monitoring program
approved by the DEM. The monitoring program shall
consist of a sufficient number of wells to detect the
release of hydrocarbon product from storage tanks,
pumping facilities, manifolds and other appurtenances.
(1)
Minimum Well Construction Standards; Wells shall
be screened above and below the water table. The
screened interval shall be sufficient to detect
free phase product during seasonal fluctuations of
the water table. The minimum inside well diameter
shall be 2 inches. Each well shall be equipped
with a locking tamper proof cover. A locus map and
site plan shall be submitted to the department with
19
the locations of the monitoring wells, the well
casing
elevations,
and
the
location
of
all
significant site structures. Well completion logs
shall be submitted to this department with the site
plans.
(2)
Minimum Site Monitoring Requirements; Monitoring
wells shall be checked monthly for the presence of
a discernible layer of hydrocarbon product in the
wells. The static water table elevation shall also
be recorded at the time of monitoring. A log shall
be maintained at the facility. The log shall
contain the static water table measurements, the
free phase product elevation and the product
thickness for each monitoring well. An annual
report of the groundwater monitoring program shall
be submitted to the department. The department may
require additional monitoring at facilities which
may impact underground drinking water supplies.
(3)
Reporting Requirements; Upon the discovery of free
phase product in a monitoring well the facility
owner or operator shall notify the department
verbally within twenty-four (24) hours and submit a
written report within ten (10) working days. The
owner/operator shall submit to the department a
site assessment plan, subject to DEM approval,
within 30 days of the discovery of free phase
product in a monitoring well.
(i)
New and Substantially Modified Facilities
(1)
Design and construction standards; New above
ground oil storage facilities must be constructed
of steel and meet or exceed one of the following
design and manufacturing standards:
(A)
UL No. 142;
(B)
UL No. 58;
(C)
API Standards No. 650;
(D)
API Standards No. 620;
(E)
CAN4-S601-M84; or
(F)
CAN4-S630-M84;
Any above ground oil storage tank which does not
comply with the above requirements such as a
riveted or bolted steel tank, a tank constructed of
wood, concrete, aluminum or fiberglass reinforced
20
plastic, must be constructed in accordance with all
applicable manufacturing standards and must be
designed for the above ground storage of oil
products, and may not be installed without prior
approval of the Director
(2)
Cathodic protection for tank bottom; Bottoms of
new tanks which rest on or in the ground must be
cathodically protected with sacrificial anodes or
an impressed current system which is designed,
fabricated
and
installed
in
accordance
with
recognized engineering practices.
(A) The cathodic protection system must be designed
to provide a minimum of thirty (30) years of
protection.
(B) A qualified engineer or corrosion specialist
must supervise the installation of the cathodic
protection system where this is necessary to assure
that the system has been installed as designed.
(C) Each cathodic protection system must have a
monitor which enables the owner or operator to
check on the adequacy of cathodic protection.
(3)
Painting of exterior tank surfaces; The exterior
surfaces of all new above ground storage tanks must
be protected by a primer coat, a bond coat and two
or more final coats of paint or have an equivalent
surface
coating
system
designed
to
prevent
corrosion and deterioration.
(4)
Impermeable barriers under tank bottom; Any new
stationary tank which is designed to rest on the
ground must be constructed with a double bottom or
underlain by an impervious barrier such as a
concrete pad or a cutoff barrier. If a barrier is
used, it must have a permeability rate of water
equal to or less than 1 x 10
-6 cm/sec and must not
deteriorate in an underground environment or in the
presence of oil.
(5)
Secondary Containment for new above ground tanks;
A secondary containment system must meet or exceed
the requirements of Section 10,c,1 and must be
constructed with a permeability rate of water equal
to or less than 1 x 10
-6 cm/sec.
21
(6)
Monitoring systems for new above ground tanks; All
new above ground tanks must have equipment for
monitoring
between
the
tank
bottom
and
the
impermeable barrier. This includes, but is not
limited to, perforated gravity collection pipes or
channels in a concrete foundation pad which may be
monitored
for
the
presence
of
oil
visually,
electronically or by other satisfactory methods.
Observation wells or other systems which monitor
the soil or groundwater beneath the impermeable
barrier
do
not
satisfy
the
leak
detection
requirements of this section.
(7)
Foundation design; New above ground tanks must be
supported on a well drained stable foundation which
prevents movement, rolling or settling of the tank
and is designed to minimize corrosion of the tank
bottom.
(8)
Avoiding traffic hazards; New above ground tanks,
pipes and distribution equipment must not be
located along highway curves or otherwise exposed
to traffic hazards.
(9)
Testing of new tanks; Before placing in service,
all new tanks must be tested for tightness and
inspected in accordance with requirements outlined
in API Standard 650. If a pneumatic test is used,
all fittings, welds and joints must be coated with
a soap solution and inspected for air leaks.
SECTION 11. Repairing and Reconditioning of Above Ground Storage
Tanks
(a)
Permanent repairs; All repairs must be permanent in
nature and equal to or better than the standards of
original construction.
(b)
All welds associated with the repair of a tank must be
inspected and tested for tightness before the tank is
returned to service.
(c)
Linings, coatings, grouts and other sealing materials
which are chemically compatible with the oil product
being stored may be used in conjunction with a permanent
22
steel tank repair as outlined above, but by themselves
are not acceptable permanent repairs.
(d)
Cleaning of tank prior to repair; Prior to repair, a
tank must be cleaned in accordance with generally
accepted practices. Sludge which has accumulated on the
bottom of the tank must be removed, transported and
disposed of in a manner consistent with all applicable
state and federal requirements for solid waste disposal.
(e)
Coating (lining) specifications; Any non-corrodible
epoxy-based resins, isophthalic polyester-based resins
or equivalent coating which is bonded firmly to the
interior surfaces may be used as a coating to protect a
tank from future corrosion.
(1)
The coating must be applied as soon as possible,
but
not
later
than
eight
(8)
hours
after
sandblasting and cleaning of the internal surface.
Visible rust, moisture or foreign matter must not
be present.
(2)
The coating must be of sufficient thickness,
density and strength to form a hard impermeable
shell which will not crack, soften or separate from
the interior surface of the tank. The coating when
applied to properly prepared steel must maintain a
permanent bond to the tank.
(3)
The coating's coefficient of thermal expansion must
be compatible with steel so that stress due to
temperature changes will not be detrimental to the
soundness of the coating.
(4)
The coating must be chemically compatible with oil
products and product additives.
(5)
The coating material must be applied and cured in
strict accord with manufacturer's specifications.
(6)
Coatings used to protect the bottom of the tank
must extend up the side of the tank a minimum of
eighteen (18) inches.
(7)
Inspection of coating; The coating must be checked
for blisters, air pockets and electrically tested
for pinholes. The coating thickness must be
23
checked
assure
compliance
with
manufacturer's
specifications. Any defects must be repaired.
(8)
Manufacturer's guarantee; An interior coating must
be installed under the direction of the lining
manufacturer or a certified representative. The
manufacturer or representative must guarantee to
the owner in writing that the coating will not leak
the product specified in storage for the period
specified in the coating product warranty. A copy
of the guarantee must be kept by the owner for the
life of the tank.
Section 12. Oil and Waste Release Response
(a)
This section is applicable to any person engaged in the;
(i) transfer or storage of oil, including, but not
limited to, the owner and operator of an oil-carrying
vessel, owner and operator of a terminal, owner and
operator of a reception facility, owner and operator of
an oceangoing vessel, owner and operator of an oil
storage tank, owner and operator of property at which an
oil tank is located, the owner and operator of an oil
tanker truck, (ii) release of an oil product to the
environment and (iii) owner of property where an oil
release has occurred .
(b)
When a release of oil occurs, it is the responsibility
of any person subject to these regulations to take the
following actions, provided, however, that, initially,
only one person need make and file the required reports:
(1)
Immediately
cease
all
further
oil
transfer
operations until such time as the release is
stopped and any oil spill debris material is
removed;
(2)
Immediately stop discharge, begin containment and
removal of the oil and waste material;
(3)
Immediately report the incident to the Department
of Enviromental Management, Division of Groundwater
by calling 277-2234 from 8:30 a.m. to 4:00 p.m.
Monday through Friday or contact the Division of
Enforcement dispatcher at 277-2284 all other times.
24
(4)
Notify other appropriate local, state and federal
officials, which may include, but are not limited
to,
the
local
Fire
Chief,
Coast
Guard,
Environmental Protection Agency, Coastal Resources
Management Council, and the National Response
Center (800-424-8802).
(5)
Within ten (10) calendar days of the time the
release is first discovered, submit a written
report
to
DEM,
Chief
of
the
Division
of
Groundwater, which should include, but not be
limited to:
(A)
Date, time and place of release
(B)
Names, addresses and telephone numbers of all
persons potentialy responsible or liable for
such release, including all persons described
in Section 12(a);
(C)
Amount and type of material released;
(D)
Complete
description
of
containment
and
removal operation, including costs of these
operations;
(E)
Complete description of circumstances causing
the release;
(F)
Description any third-party damages;
(G)
Procedures, methods and precautions instituted
or planned to prevent a similiar event from
recurring.
(c)
Mechanical methods initially shall be used to clean up
oil and chemical releases unless otherwise permitted
under Section 12(d) of these regulations.
(d)
No chemical agents, dispersants, surface collecting
agents, biological additives, burning agents, or sinking
agents, shall be used without the prior consent of the
Chief of the DEM Groundwater Division.
(e)
In the event of an oil release or if the Director has
reason to believe that a release has occurred, the
Director may require any person subject to these
regulations
to
initiate
monitoring,
remedial,
and
25
cleanup action. Such action may include, but not be
limited to, removal of oil from surface waters,
placement
of
containment
devices,
water
quality
sampling,
installation
of
groundwater
monitoring
recovery and/or treatment systems, restoration of areas
impacted by the release, and removal of all oil-
contaminated
soil
and
debris.
Such
actions
shall
continue until the oil release has been remediated or
mitigated, subject to the approval of the DEM.
(f)
All persons to whom these regulations are applicable
shall
have
an
ongoing
obligation
to
update
and
supplement all information delivered to the department
with new information regarding a release or spill as it
becomes available.
Section 13. Storage and Removal of Oil Spill Cleanup Debris
(a)
Oil spill cleanup debris may be stored temporarily at
the site of the spill or leak, or at another site
approved by DEM provided that:
(1)
the material is stored on an impermeable base or
liner;
(2)
the material is fully covered and secured so as to
prevent
the
material
from
leaching
into
the
groundwater, or particulates being dispersed by the
wind;
(3)
representative composite samples are immediately
taken and analyzed for oil and grease, lead, PCB
and flammability unless otherwise specified by an
authorized DEM representative;
(4)
samples are analyzed and the results are submitted
to the DEM Division of Groundwater within (30) days
of sample collection;
(5)
if the sample results show the material to be a
hazardous waste, the owner or operator of the site
shall take immediate measures to properly store and
dispose of the material in accordance with state
and federal hazardous waste regulations;
(6)
the temporary storage of the oil spill cleanup
debris does not exceed thirty (30) days unless the
owner or operator of the site demonstrates to DEM
26
in writing that there is good cause for extending
temporary
storage
and
DEM
issues
written
authorization for extended temporary storage.
(b)
Oil spill cleanup debris shall be removed from the site
only in secured drums or cannisters or in a vehicle
which is covered.
(c)
Oil spill cleanup debris shall be removed only to one of
the following facilities:
(1)
special facilities constructed within a licensed
sanitary landfill designed and constructed in
accordance with Rule 10.06(d) (6) of the Rules and
Regulations for Solid Waste Management Facilities;
or
(2)
asphalt manufacturers or others that are licensed
as solid waste management facilities and approved
by the Department of Environmental Management to
accept Oil Spill Debris.
(3)
any out-of-state facility that will agree to take
the material and that is allowed to accept the
material by the state in which it is located.
(d)
Within ten (10) days of removal of the oil spill cleanup
debris from the site, the owner or operator of the site
shall submit to DEM documentation showing when the
material was removed and to where the material was
removed.
Section 14. Spill Prevention and Emergency Plans
(a)
This section is applicable to the owner and operator of
a reception facility, the owner and operator of a
terminal, and the owner or operator of any outdoor oil
storage tank. This section is not applicable to tanks
with a capacity of 500 gallons or less storing heating
oil.
(b)
Any person subject to this section shall, within six
months of the effective date of these regulations, have
readily available at the facility an emergency plan,
which shall, at a minimum, contain the following
information:
27
(1)
Up-to-date schematic diagrams showing the location
of all outdoor tanks and piping used for the
storage and conveyance of oil, including the
location of all emergency shutoff valves;
(2)
A description of on-site emergency containment and
cleanup equipment;
(3)
Description
of
off-site
auxillary
emergency
equipment that can be readily obtained, including a
listing of cleanup contractors to contact for such
equipment;
(4)
Emergency telephone numbers of local, state and
federal officials who should be contacted in case
of an oil spill.
(c)
Upon request by an employee or agent of DEM, emergency
plans shall be made available for inspection and
copying.
(d)
Emergency plans or other similar spill prevention
control plans required under other federal or state
requirements may be substituted for the plan required by
this section provided the plan contains at a minimuim,
the requirements of Section 14, b, 1-4.
Section 15. Discharges to Reception Facilities
(a)
The owners or operators of any vessel ship which intends
to transfer or discharge any shipboard oil to a
reception facility shall, prior to the discharge or
transfer, file with the Director evidence of financial
responsibility, which shall include a surety bond,
letter of credit, certificate of insurance, or corporate
guarantee in the amount of at least $50,000 payable to
the State of Rhode Island and Providence Plantations.
(b)
Prior to accepting any shipboard oil from a vessel ship,
the owner or operator of the reception facility shall
require the owner or operator of the vessel to produce
evidence of financial responsibility consistent with the
provisions of this section.
(c)
The money pledged or guaranteed by the requirement of
this section shall be used to satisfy:
28
(1)
Costs incurred by the State to rectify and clean up
any
damage
to
the
environment
and
natural
resources; and
(2)
Fines or penalties imposed for violation of any
laws or regulations designed to prevent or control
water pollution.
(d)
The forfeiture of such money pledged pursuant to this
section shall not relieve the owner or operator of
liability to the State if the costs incurred by the
State and the fines imposed are greater than the amount
forfeited.
(e)
The evidence of financial responsibility shall be
subject to review and approval by DEM, but should
conform
as
much
as
possible
to
those
documents
referenced in 40 CFR 264.151, recognizing, of course,
that those referenced documents are designed for a
somewhat different purpose.
(f)
The
Director
may
require
evidence
of
financial
responsibility in an amount greater than $50,000 based
on the following factors:
(1)
Volume of discharge;
(2)
Composition of the discharge;
(3)
Location of the discharge;
(4)
History of spills or noncompliance by the owner or
operator;
(5)
Other factors that may pose an increased threat to
the State's environment and natural resources.
(g)
The owner or operator of a vessel also may be considered
a generator of hazardous waste and subject to state
hazardous waste regulations.
Section 16. Variances
(a)
Any owner or operator of a facility may submit a written
request to the Director or his designee for a variance
of some or all provisions of these regulations.
29
(b)
The owner or operator shall have the burden of proving
by clear and convincing evidence that a variance should
be granted because alternative design or operating
standards
are
substantially
equivalent
to
the
regulations and will have no adverse effect on public
health and/or the environment.
(c)
If the Director determines that there is sufficient
public interest or that the variance request raises
significant issues that could affect other facilities,
then the Director may schedule a public hearing to
solicit public comment prior to rendering a decision on
the variance request.
(d)
The Director's decision to grant or deny a variance
shall be in writing and may, as a condition of granting
the variance, impose appropriate requirements necessary
to protect the public health and the environment.
(e)
Any person affected by the grant or denial of a variance
request may, in accordance with the Administrative Rule
of Practice and Procedure for the Department of
Environmental Management, Administrative Adjudication
Division, petition for an adjudicatory hearing to review
the initial decision.
Section 17. Superseded Regulations
On the effective date of these regulations, the Oil Pollution
Control Rules and Regulations, adopted in 1957, are hereby
revoked.
Section 18. Penalties
Administrative and civil penalties, for any violation of these
regulations, may be assessed in accordance with Rhode Island
General Laws Chapters 46-12, 42-17.1 and 42-17.6.
30
The foregoing rules and regulations, after due notice and
hearing, are hereby adopted and filed with the Secretary of State
this day of , 19 , to become effective
twenty (20) days thereafter, in accordance with the provisions of
Chapter 46-12, 42-17.1 and 42-35 of the General Laws of Rhode
Island, 1956, as amended.
Michael A. Annarummo
Director, Department of
Environmental
Management
Notice Given On: September 17, , 1990
Hearing Held On: October 9, , 1990
Effective: , 19