(4)__The applicant is renovating an underground oil storage tank or facility, the work is supervised by an underground oil storage tank installer certified by the Board of Underground Storage Tank Installers under Title 32, chapter 104-A and the estimated cost of the work exceeds $1000;

B. The applicant, if the applicant is not a unit of local government, demonstrates financial need for the assistance; and

C. If the assistance includes a loan, there is a reasonable likelihood that the applicant will be able to repay the loan.

Applicants demonstrating the requirement to install equipment related to the improvement of air quality pursuant to section 1026-F and who own fewer than 15 service stations, and who are not able to repay a loan, are eligible to receive no more than $35,000 per service station in grants for the payment of expenses relating to the installation of this equipment.

The authority, pursuant to Title 5, chapter 375, subchapter II, shall adopt rules for determining eligibility, feasibility, terms, conditions and security for the loans and grants. In the case of loans, the authority may charge an interest rate that may be as low as 0% and may be greater, depending on the financial ability of the applicant to pay as determined by the authority, up to a maximum of the prime rate of interest charged by major New York banks. The maximum the authority may loan or grant to any one borrower, including related entities as determined by the authority, is $600,000. Loans or grants for the purposes listed in paragraph A, subparagraph (3) may not exceed $1,000,000 in a 12-month period. Grants may not be made for the purpose listed in paragraph A, subparagraph (4). Money in the fund not needed currently to meet the obligations of the authority as provided in this section may be invested as permitted by law.

Sec. 4. 32 MRSA §10001, first ¶, as amended by PL 1997, c. 364, §2, is further amended to read:

In order to safeguard the public health, safety and welfare, to protect the public from incompetent and unauthorized persons,

to assure ensure the highest degree of professional conduct on the part of underground oil storage tank installers and inspectors and to assure ensure the availability of underground oil storage tank installations and inspections of high quality to persons in need of those services, it is the purpose of this chapter to provide for the regulation of persons offering underground oil storage tank installation and inspection services.

Sec. 5. 32 MRSA §10002, sub-§6-A is enacted to read:

6-A.__Underground oil storage tank inspector.__"Underground oil storage tank inspector" means a person certified under this chapter to inspect underground oil storage tanks.

Sec. 6. 32 MRSA §10003, sub-§1, as amended by PL 1997, c. 364, §4, is further amended to read:

1. Establishment and membership. There is established within the Department of Environmental Protection, the Board of Underground Storage Tank Installers. The board consists of 7 members appointed by the Governor as follows: one from the Department of Environmental Protection; one from either the Maine Oil Dealer's Association or the Maine Petroleum Association; one underground oil storage tank installer; one from either the Oil and Solid Fuel Board, the Plumber's Examining Board or the State Board of Certification for Geologists and Soil Scientists; one from the Maine Chamber of Commerce and Industry; one from the Maine Fire Chiefs Association; and one 2 public member members.

Sec. 7. 32 MRSA §10004, sub-§2, as amended by PL 1997, c. 364, §5, is further amended to read:

2. Rules. The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional regulation and to the establishment of ethical standards of practice for persons certified to practice underground oil storage tank installation, inspection and removal and underground gasoline storage tank removal.

Sec. 8. 32 MRSA §10006, sub-§1, as amended by PL 1997, c. 364, §6, is further amended to read:

1. Certification required. No person may practice, or profess to practice, as an underground oil storage tank installer, underground oil storage tank inspector or underground gasoline storage tank remover in this State or use the words "underground oil storage tank installer," "underground gasoline storage tank remover," "underground oil storage tank inspector"

or other words or letters to indicate that the person using the words or letters is a certified underground oil storage tank installer practitioner, underground oil storage tank inspector practitioner or underground gasoline storage tank remover practitioner unless that person is certified in accordance with this chapter.

Sec. 9. 32 MRSA §10008, first ¶, as amended by PL 1997, c. 364, §7, is further amended to read:

A person who is a resident of the State and has been certified in another state as an underground oil storage tank installer or underground oil storage tank inspector may, upon payment of a fee as established under section 10012, obtain a certification as an underground oil storage tank installer or underground oil storage tank inspector, provided that a if that person submits satisfactory evidence of certification as an underground oil storage tank installer or underground oil storage tank inspector in another state under qualifications equivalent to those specified in this chapter.

Sec. 10. 32 MRSA §10010, first ¶, as amended by PL 1997, c. 364, §8, is further amended to read:

An applicant applying for certification as an underground oil storage tank installer or an underground gasoline storage tank remover or an underground oil storage tank inspector must file a written application provided by the board, showing to the satisfaction of the board that that person meets the following requirements.

Sec. 11. 32 MRSA §10010, sub-§6 is enacted to read:

6.__Education and examination for certification of underground oil storage tank inspectors.__An applicant for certification as an underground oil storage tank inspector must:

A.__Pass a written or oral examination based on laws outlined in and any rules adopted under Title 38, chapter 3, subchapter II-B by the Board of Environmental Protection regarding underground oil storage tanks, any regulations promulgated by the federal Environmental Protection Agency regarding underground oil storage tanks and any technical concepts necessary to understand and implement those laws, rules or regulations;

B.__Demonstrate valid certification or licensing by manufacturers of ancillary equipment that the applicant intends to inspect if the manufacturers require any such certification to maintain equipment warranties; and

C.__If the applicant intends to inspect cathodic protection systems, demonstrate valid, nationally recognized certification or licensing that meets the requirements for a "cathodic protection tester" as specified in 40 Code of Federal Regulations, Section 280.12.

Sec. 12. 32 MRSA §10011, sub-§1, as amended by PL 1997, c. 364, §12, is further amended to read:

1. Requirements; fees. Only a person satisfying the requirements of section 10010, subsections 1 and 2 may apply for examination in the manner prescribed by the board. The application must be accompanied by the nonrefundable fee prescribed by section 10012. A person who fails either part of the applicable examination specified in section 10010, subsection 3 or, 5 or 6 may apply for reexamination upon payment of the prescribed fee.

Sec. 13. 32 MRSA §10011, sub-§2, as amended by PL 1997, c. 364, §13, is further amended to read:

2. Content. The written examination must test the applicant's knowledge of the skills and knowledge relating to storage tank installation, inspection or removal and such other subjects as the board requires to determine the applicant's fitness to practice. The board shall approve examinations required by this chapter for underground oil storage tank installers and, underground gasoline storage tank removers and underground oil storage tank inspectors and establish standards for an acceptable performance.

Sec. 14. 32 MRSA §10012, sub-§2, as amended by PL 1997, c. 364, §14, is further amended to read:

2. Disposal of fees and civil penalties. All fees and civil penalties as authorized by section 10015 received by the board related to underground oil storage tank installers or, underground gasoline storage tank removers or underground oil storage tank inspectors must be paid to the Treasurer of State to be deposited into the Ground Water Oil Clean-up Fund and used for the purpose of carrying out all applicable provisions of this chapter. Any balance of fees and civil penalties as authorized by section 10015 does not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years.

Sec. 15. 32 MRSA §10014, sub-§2, as amended by PL 1997, c. 364, §15, is further amended to read:

2. Inactive status. Upon request, the board shall grant inactive status to certified persons who do not practice or present themselves as underground oil tank installers or, underground gasoline storage tank removers or underground oil storage tank inspectors and maintain any continuing competency requirements established by the board.

Sec. 16. 32 MRSA §10015, sub-§2, ¶B, as amended by PL 1997, c. 364, §16, is further amended to read:

B. Unprofessional conduct, including any gross negligence, incompetency or misconduct in the certified person's performance of the work of underground oil storage tank installation or removal or, underground gasoline storage tank removal or underground oil storage tank inspection or violation of any standard of professional behavior established by the board;

Sec. 17. 38 MRSA §563, sub-§9 is enacted to read:

9.__Annual compliance inspection.__The department may establish a program requiring__underground oil storage facilities to be inspected annually for compliance with the requirements of this subchapter and with the requirements for gasoline vapor control established by rule pursuant to section 585-A.__The inspections must be by an installer or inspector certified by the Board of Underground Storage Tank Installers under Title 32, chapter 104-A.

A.__The department annually shall provide the following to the owner or operator of each registered underground oil storage tank:

(1)__An inspection checklist with a form for reporting the inspection results to the department;

(2)__A list of installers and inspectors certified by the Board of Underground Storage Tank Installers or directions on how to obtain the list; and

(3)__Information on the availability of loans and grants from the Underground Oil Storage Fund administered by the Finance Authority of Maine under Title 10, section 1023-D.

The owner or operator shall arrange for the inspection to be performed by a certified installer or inspector and shall ensure that the inspection results are reported to the department on the form provided pursuant to this subsection.

B.__Upon receipt of a completed inspection report form certifying that an underground oil storage tank and associated piping meets the requirements of this subchapter and for gasoline vapor control, the department shall provide the tank owner with a certificate of inspection.__The owner shall place the certificate in a conspicuous location that can be readily viewed by any person depositing oil into the tank.__The certificate may include or consist of a tag or sticker to be affixed by the facility owner or operator to the tank fill pipe as evidence that the tank has been inspected.

C.__A certificate issued under paragraph B is valid for at least 12 months and, for tanks used to store heating oil for consumption on the premises, may not expire during the months of September through April.

D.__Upon establishment of a tank inspection program pursuant to this subsection, the tank owner or operator may not arrange for delivery and a person may not deliver oil to an underground oil storage tank unless the tank and associated piping have been inspected in accordance with the program requirements.__Compliance with the inspection requirement may be verified by:

(A.1)__Viewing a valid certificate of inspection issued pursuant to paragraph B;

(2)__Viewing a tag or sticker issued by the department as evidence that the owner holds a valid certificate of inspection for the tank and associated piping; or

(3)__Verifying that the tank is on a list of tanks that have been issued a certificate of inspection by the department.

The department shall take reasonable steps, such as targeted mailings and posting of information on the Internet as appropriate, to inform a person who may deliver oil to an underground oil storage tank of the prohibition of this paragraph and to ensure that such persons can ascertain, by any of the above actions, if a certificate of inspection has been issued for the tank.__The department may not take enforcement action against a person for delivery of oil in violation of this subsection if, prior to delivery, that person took reasonable steps to verify compliance with the inspection requirement.

Sec. 18. 38 MRSA §563-A, sub-§1-D is enacted to read:

1-D.__Prohibition on delivery.__Effective May 1, 2002, a person may not deliver oil to an underground oil storage tank unless the tank is registered under section 563, subsection 1 and both the tank and piping are constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department.

SUMMARY

The purpose of this bill is to prevent discharges from underground oil storage tanks by prohibiting delivery of oil to bare steel and other nonconforming tanks that are illegal to operate under current law and to tanks that do not meet applicable annual inspection requirements intended to ensure the tank is properly maintained and functioning. The bill establishes a program to expand the pool of qualified persons who can inspect an underground storage tank, and amends the law governing the Underground Oil Storage Replacement Fund to provide financial assistance if substantial tank repairs are needed.

The bill also revises the law governing the Board of Underground Tank Installers to eliminate the requirement that one of the seats on the 7-member board be reserved for a representative from the Oil and Solid Fuel Board, the Plumbers' Examining Board or the State Board of Certification for Geologists and Soil Scientists.