reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.03 - Landfill Methane Capture and Destruction Project Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Offset projects
				  that capture and destroy methane from landfills qualify for the award of
				  CO2 offset allowances if they meet the requirements of
				  this regulation.
B. Eligibility.
				  Eligible offset projects shall occur at landfills that are not subject to the
				  New Source Performance Standards (NSPS) for municipal solid waste landfills, 40
				  CFR Part 60, Subpart Cc and Subpart WWW.
C. Offset Project Description. The project
				  sponsor shall provide a detailed narrative of the offset project actions to be
				  taken, including documentation that the offset project meets the eligibility
				  requirements and includes the following information:
(1) Owner and operator of the offset
				  project;
(2) Location and
				  specifications of the landfill where the offset project will occur, including
				  waste in place;
(3) Owner and
				  operator of the landfill where the offset project will occur; and
(4) Specifications of the equipment to be
				  installed and a technical schematic of the offset project.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.04 - Sequestration of Carbon due to Reforestation, Improved Forest Management, or Avoided Conversion

Current through Register Vol. 51, No. 14, July 12, 2024
A. Forest
				  Offset Project Standards.Offset projects that involve reforestation, improved
				  forest management, or avoided conversion shall qualify for the award of
				  CO2 allowances if they meet the requirements of this
				  regulation and the forest offset protocol.
B. Eligibility. Eligible forest offset
				  projects shall satisfy all eligibility requirements of the forest offset
				  protocol and this regulation.
C.
				  Offset Project Description. The offset project sponsor shall provide a detailed
				  narrative of the offset project actions taken, including documentation that the
				  offset project meets the eligibility requirements of this regulation. The
				  offset project description must include all information identified in sections
				  8.1 and 9.1 of the forest offset protocol, and any other information deemed
				  necessary by the Department.
D.
				  Carbon Sequestration Baseline Determination. Baseline onsite carbon stocks
				  shall be determined as required in sections 6.1.1, 6.1.2, 6.2.1, 6.2.2, 6.2.3,
				  6.3.1, and 6.3.2 of the forest offset protocol, as applicable.
E. Calculating Carbon Sequestered. Net GHG
				  reductions and GHG removal enhancements shall be calculated as required by
				  section 6 of the forest offset protocol. The project's risk reversal rating
				  shall be calculated using the Determination of a Forest Project's Reversal Risk
				  Rating assessment worksheet in Appendix D of the forest offset
				  protocol.
F. Monitoring and
				  Verification Requirements. Monitoring and verification is subject to the
				  following requirements:
(1) Monitoring and
				  verification reports shall include all forest offset project data reports
				  submitted to the Department, including any additional data required by section
				  9.2.2 of the forest offset protocol;
(2) The consistency application shall include
				  a monitoring and verification plan certified by an independent verifier
				  accredited pursuant to Regulation .06 of this chapter, which shall consist of a
				  forest carbon inventory program, as required by section 8.1 of the forest
				  offset protocol; and
(3) Monitoring
				  and verification reports shall be submitted not less than every 6 years, except
				  that the first monitoring and verification report for reforestation projects
				  must be submitted within 12 years of project commencement.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.05 - Avoided Methane Emissions from Agricultural Manure Management Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Offset
				  projects that capture and destroy methane from animal manure and organic food
				  waste using anaerobic digesters qualify for the award of
				  CO2 offset allowances if they comply with the
				  requirements of this regulation.
B.
				  Eligible offset projects shall consist of the destruction of that portion of
				  methane generated by an anaerobic digester that would have been generated in
				  the absence of the offset project through the uncontrolled anaerobic storage of
				  manure or organic food waste.
C.
				  Eligible offset projects shall employ only manure-based anaerobic digester
				  systems using livestock manure as the majority of digester feedstock, defined
				  as more than 50 percent of the mass input into the digester on an annual basis.
				  Organic food waste used by an anaerobic digester shall only be that which would
				  have been stored in anaerobic conditions in the absence of the offset
				  project.
D. Agricultural manure
				  management offset projects may be acceptable if either of the following
				  requirements is met:
(1) The offset project
				  is located in a state that has a market penetration rate for anaerobic digester
				  projects of 5 percent or less; or
(2) The offset project is located at a farm
				  with 4,000 or less head of dairy cows, or a farm with equivalent animal units,
				  assuming an average live weight for dairy cows (pounds per cow) of 1,400
				  pounds, or, if the project is a regional-type digester, total annual manure
				  input to the digester is designed to be less than the average annual manure
				  produced by a farm with 4,000 or less head of dairy cows, or a farm with
				  equivalent animal units, assuming an average live weight for dairy cows (pounds
				  per cow) of 1,400 pounds.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.06 - Accreditation of Independent Verifiers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Standards for Accreditation. Independent
				  verifiers may be accredited by the Department to provide verification services
				  as required by project sponsors if the independent verifiers meet the
				  requirements of this regulation.
B.
				  Verifier Minimum Requirements. Each accredited independent verifier shall
				  demonstrate knowledge of the following topics:
(1) Utilizing engineering
				  principles;
(2) Quantifying
				  greenhouse gas emissions;
(3)
				  Developing and evaluating air emissions inventories;
(4) Auditing and accounting
				  principles;
(5) Knowledge of
				  information management systems;
(6)
				  Knowledge of the requirements of this chapter; and
(7) All other qualifications as may be
				  required by the Department to provide competent verification services as
				  required for individual offset categories.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.07 - Awarding and Recording of CO[2] Offset Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
A. CO2 Emissions
				  Offset Projects. Following the issuance of a consistency determination and the
				  approval of a monitoring and verification report, the Department shall award
				  one CO2 offset allowance for each ton of demonstrated
				  reduction in CO2 or CO2
				  equivalent emissions or sequestration of CO2
B. The Department shall record awarded
				  CO2 offset allowances in the project sponsor's general
				  account.
C. Deadlines for Submittal
				  of Monitoring and Verification Reports.
(1)
				  For CO2 emissions offset projects undertaken before
				  January 1, 2009, the project sponsor shall submit the monitoring and
				  verification report covering the pre-2009 period by June 30, 2009.
(2) For CO2 emissions
				  offset projects undertaken on or after January 1, 2009, the monitoring and
				  verification report shall be submitted within 6 months following the completion
				  of the last calendar year during which the offset project achieved
				  CO2e reductions or sequestration of
				  CO2 for which the project sponsor requests the award of
				  CO2 offset allowances.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.08 - Accreditation of Independent Verifiers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Standards for Accreditation. Independent
				  verifiers may be accredited by the Department to provide verification services
				  as required by project sponsors if the independent verifiers meet the
				  requirements of this regulation.
B.
				  Verifier Minimum Requirements. Each accredited independent verifier shall
				  demonstrate knowledge of the following topics:
(1) Utilizing engineering
				  principles;
(2) Quantifying
				  greenhouse gas emissions;
(3)
				  Developing and evaluating air emissions inventories;
(4) Auditing and accounting
				  principles;
(5) Knowledge of
				  information management systems;
(6)
				  Knowledge of the requirements of this chapter; and
(7) All other qualifications as may be
				  required by the Department to provide competent verification services as
				  required for individual offset categories.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.09 - Awarding and Recording of CO[2] Offset Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
A. CO2 Emissions
				  Offset Projects. Following the issuance of a consistency determination and the
				  approval of a monitoring and verification report, the Department shall award
				  one CO2 offset allowance for each ton of demonstrated
				  reduction in CO2 or CO2
				  equivalent emissions or sequestration of CO2
B. The Department shall record awarded
				  CO2 offset allowances in the project sponsor's general
				  account.
C. Deadlines for Submittal
				  of Monitoring and Verification Reports.
(1)
				  For CO2 emissions offset projects undertaken before
				  January 1, 2009, the project sponsor shall submit the monitoring and
				  verification report covering the pre-2009 period by June 30, 2009.
(2) For CO2 emissions
				  offset projects undertaken on or after January 1, 2009, the monitoring and
				  verification report shall be submitted within 6 months following the completion
				  of the last calendar year during which the offset project achieved
				  CO2e reductions or sequestration of
				  CO2 for which the project sponsor requests the award of
				  CO2 offset allowances.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to provide for the
					 administration and implementation of CO2 allowance
					 auctions under the Maryland CO2 Budget Trading
					 Program.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.02 - Multistate Auctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department, in consultation with the Auction Advisory Committee (Committee),
				  shall determine whether to participate in multistate regional
				  CO2 allowance auctions in coordination with other
				  participating states or to conduct Maryland-only auctions.
B. In making its determination, the
				  Department and the Committee shall consider whether:
(1) A multistate regional auction process,
				  which includes the Department and other participating states, has been jointly
				  established and is operationally in place;
(2) A multistate regional auction process
				  will result in fair market prices for allowances at reasonable transaction
				  costs; and
(3) A multistate
				  regional auction process is consistent with the auction processes described in
				  this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.03 - Consumer Energy Efficiency Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall establish the
				  Consumer Energy Efficiency Account, referred to in this subtitle as the
				  Account, as described in COMAR 26.09.02. Each allowance to be auctioned shall
				  be identified by its serial number as described in COMAR 26.09.02.
B. The Department shall administer the
				  Account in such a manner that allowances allocated to the Account or
				  transferred to it from the Limited Industrial Exemption Set-aside Account, the
				  Long Term Contract Set-aside Account, the Voluntary Renewable Set-aside
				  Account, the Clean Generation Set-aside Account, or the
				  CO2 Allowance Contingency Account may be offered for
				  sale in CO2 allowance auctions as described in COMAR
				  26.09.02.
C. The proceeds of the
				  auction shall be placed into the Fund.
D. The Department shall use the proceeds it
				  receives from the Fund for climate change programs.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.04 - Implementation of CO2 Allowance Auctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall design, implement,
				  and administer CO2 allowance auctions in accordance with
				  the objectives of this subtitle.
B.
				  Implementation and administrative support functions for any auction conducted
				  may be performed by an agent of the Department, if the agent performs all
				  functions under the direction and oversight of the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.05 - Commencement, Frequency, and Quantity of CO2 Allowance Auctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  shall allocate allowances to the Account for auction as described in COMAR
				  26.09.02.
B. The initial auction
				  shall be conducted at a time and in a manner determined by the Department in
				  consultation with the Committee.
C.
				  Frequency. Auctions shall be held at least annually and may be held as often as
				  necessary to meet the objectives of this subtitle, at the Department's
				  discretion and in consultation with the Committee.
D. Participation. The Department shall
				  determine whether an auction will be an open auction or a closed
				  auction.
E. Reserve Price. Before
				  any auction, the Department may set a binding reserve price to be accepted for
				  CO2 allowances in the auction, which may or may not be
				  disclosed to the public or to prospective bidders.
F. CO2 allowances left
				  unsold in any auction shall be transferred, in quantities and in a manner
				  determined by the Department in consultation with the Committee, to:
(1) The CO2 Allowance
				  Contingency Account for future distribution to other accounts by the Department
				  in consultation with the Committee;
(2) The Consumer Energy Efficiency Account
				  for sale in subsequent auctions; or
(3) The CO2 Allowance
				  Retirement Account for permanent retirement.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.06 - Auction of CO[2] Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  following rules shall apply to each allowance auction. The Department may
				  specify additional information in the auction notice for each auction. Such
				  additional information may include the time and location of the auction,
				  auction rules, registration deadlines, and any additional information deemed
				  necessary or useful.
B. General
				  Requirements.
(1) The Department shall
				  include the following information in the auction notice for each auction:
(a) The number of CO2
				  allowances offered for sale at the auction, not including any
				  CO2 CCR allowances;
(b) The number of CO2
				  CCR allowances that will be offered for sale at the auction if the condition of
				  §B(2)(a) of this regulation is met;
(c) The minimum reserve price for the
				  auction;
(d) The CCR trigger price
				  for the auction;
(e) The maximum
				  number of CO2 allowances that may be withheld from sale
				  at the auction if the condition of §B(4)(a) of this regulation is met;
				  and
(f) The ECR trigger price for
				  the auction.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.07 - Participant Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department, in consultation with the Committee, shall determine which
				  categories of eligible bidders will be authorized to submit bids in each
				  auction. Notification of the categories shall be included in each notice of
				  CO2 allowance auction.
B. Eligible categories of bidders for an
				  auction may include:
(1) Owners of
				  CO2 budget units located in Maryland;
(2) Owners of CO2
				  budget units located outside of Maryland but in a participating state with
				  final CO2 budget trading rules in place at the time of
				  the auction; and
(3) Other market
				  participants, including but not limited to, brokers, environmental groups,
				  financial and investment institutions, and owners of generation units, located
				  in or outside of the participating states with final CO2
				  budget trading rules in place at the time of the auction.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.08 - Notice of Auctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of
				  CO2 Allowance Auction.
(1) A notice of CO2
				  allowance auction shall be published on the CO2
				  allowance auction website and in any other publication the Department considers
				  appropriate not later than 45 days before the date upon which the auction may
				  be conducted.
(2) Failure to
				  publish the notice at least 45 days prior to the auction does not prohibit the
				  Department from conducting an auction, if reasonable notice of the auction is
				  provided.
(3) Notices may be
				  transmitted electronically to parties requesting notification if they have
				  submitted an electronic mail address to the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.10 - Audit and Certification

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall assign a designee to observe the
					 conduct and outcome of each auction and to issue a report to the
					 Committee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.11 - Antideceptive Practices

Current through Register Vol. 51, No. 14, July 12, 2024
It is unlawful for a bidder to use or employ any
					 manipulative, misleading, or deceptive practice in connection with its
					 qualification application or purchase of allowances from the Department,
					 including but not limited to any practice that is in contravention of any
					 applicable federal or state law or regulation, this subtitle, and rules and
					 regulations the Maryland Public Service Commission may prescribe as necessary
					 or appropriate in the public interest or for the protection of electric rate
					 payers.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.12 - Transfer of CO[2] Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt and approval by the Committee of the report
					 provided under Regulation .10 of this chapter and upon payment in full of
					 purchased allowances by the successful bidder, the Department shall transfer or
					 have transferred the corresponding CO2 allowances from
					 the Account to the successful bidder's compliance or general
					 account.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.13 - Publication of Results

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall publish on the
					 CO2 allowance auction website the auction clearing price
					 and the number of allowances purchased by a successful bidder through the
					 auction.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.04 - Auctions › Section 26.09.04.14 - Publication of Results

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall publish on the
					 CO2 allowance auction website the auction clearing price
					 and the number of allowances purchased by a successful bidder through the
					 auction.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.01 - Scope and Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Unless otherwise stated, throughout this subtitle when a regulation places a
				  requirement on more than one person, the following apply:
(1) The Department may hold all or each
				  person individually liable for a violation;
(2) At least one of the persons listed shall
				  meet the requirement; and
(3) Each
				  person listed shall ensure the requirement is met.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.01-1 - Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
The requirements of this chapter, other than Regulations
					 .02, .03, and .04, do not apply to any vessels, facilities, or equipment when
					 used in activities related to the removal of oil within a response area as
					 defined by the State or federal on-scene coordinator.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle:
(1) A term in §B of this regulation
				  has the meaning indicated; and
(2)
				  A term not defined in §B of this regulation has:
(a) The meaning given to the term in a
				  relevant statute; or
(b) If not
				  defined in a relevant statute, the meaning attributed by common use.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following documents published by the American Petroleum Institute
				  (API) are incorporated by reference:
(1)
				  Specification for Bolted Tanks for Storage of Production Liquids (API
				  Specification 12B, 17th Edition, December 2020);
(2) Specification for Field-welded Tanks for
				  Storage of Production Liquids (API Specification 12D, 12th Edition, June
				  2017);
(3) Risk-based Inspection
				  (API Recommended Practice 580, 3rd Edition, February 2016);
(4) Welded Tanks for Oil Storage (API
				  Standard 650, 13th Edition, March 2020, Errata 1, January 2021);
(5) Cathodic Protection of Aboveground
				  Petroleum Storage Tanks (API Recommended Practice 651, 4th Edition, September
				  2014);
(6) Tank Inspection, Repair,
				  Alteration, and Reconstruction (API Standard 653, 5th Edition, November 2014),
				  except Annex H " Similar Service Assessment;
(7) Closure of Underground Petroleum Storage
				  Tanks (API Recommended Practice 1604, 4th Edition, February 2021);
(8) Installation of Underground Petroleum
				  Storage Systems (API Recommended Practice 1615, 6th Edition, April 2011,
				  Reaffirmed May 2020);
(9) Storing
				  and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and
				  Filling Stations (API Recommended Practice 1626, 2nd Edition, August 2010,
				  Reaffirmed May 2020);
(10) Interior
				  Lining and Periodic Inspection of Underground Storage Tanks (API Standard 1631,
				  5th Edition, June 2001, Reaffirmed May 2020);
(11) Using the API Color-Symbol System to
				  Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and
				  Related Products at Dispensing and Storage Facilities and Distribution
				  Terminals (API Recommended Practice 1637, 4th Edition, April 2020);
(12) Venting Atmospheric and Low-pressure
				  Storage Tanks (API Standard 2000, 7th Edition, March 2014, Reaffirmed April
				  2020); and
(13) Overfill Protection
				  for Storage Tanks in Petroleum Facilities (ANSI/API Standard 2350, 5th Edition,
				  September 2020).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.04 - General Provisions and Specifically Prohibited Acts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this chapter do not
				  relieve a person from the duty to comply with any other federal, State, or
				  local government statute, regulation, or authorization applicable to an
				  activity, operation, or authorization regulated under this subtitle.
B. The Department, at its discretion, may
				  modify a testing requirement of this subtitle for an owner, an operator, and a
				  person in charge of a storage tank system, vehicle, vessel, or equipment
				  subject to the provisions of this subtitle if:
(1) The modification does not violate a
				  general restriction or specifically prohibited act under §§C and D of this
				  regulation;
(2) The modification is
				  not prohibited under a State statute or a federal statute, rule, or regulation;
				  and
(3) The modification is as
				  protective of public health and the environment as the testing requirement
				  modified.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.05 - Reporting an Oil Spill, Release, or Discharge

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person spilling, releasing, or
				  discharging oil or allowing the spill, release, or discharge of oil, or who
				  either actively or passively participates in a spill, release, or discharge of
				  oil, either from a land-based installation, including vehicles in transit, or
				  from any vessel, including a ship or boat of any kind, shall:
(1) Report the incident to the Department
				  immediately, but not later than 2 hours after detection of the spill, release,
				  or discharge, in accordance with §B of this regulation; and
(2) Remain available until clearance to leave
				  the scene of the incident is given by the appropriate official as designated
				  under §C of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.06 - Removal of an Oil Spill, Release, or Discharge

Current through Register Vol. 51, No. 14, July 12, 2024
A. Responsibility for Performing a Removal.
(1) The responsibility for the prompt control
				  and removal of any oil spill, release, or discharge or threat of a spill,
				  release, or discharge shall be with the person responsible for the
				  discharge.
(2) For spills,
				  releases, or discharges occurring from an improperly abandoned storage tank
				  system, the current landowners and any other person who owned, operated,
				  leased, or was otherwise responsible for the storage tank system at the time it
				  was abandoned shall also be responsible for the oil removal.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.07 - Site Status Letters

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may issue notice of compliance, site condition, removal suspension,
				  and final closure letters to either a person responsible for the discharge or
				  any other person associated with a site subject to regulatory requirements
				  under this subtitle.
B. Notice of
				  Compliance Letter. The Department shall issue, upon request, a notice of
				  compliance letter to a person who has received from the Department a notice of
				  a violation of one or more of the regulatory provisions of this subtitle after
				  the violation is corrected to the satisfaction of the Department.
C. Site Condition Letter. The Department
				  shall issue, upon request, a site condition letter stating whether:
(1) The Department requires corrective action
				  at a site; or
(2) A site is in
				  compliance with the regulations of this subtitle.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.08 - Oil Transfer License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Oil Transfer
				  License Requirement. Except for a vessel or barge, a person may not transfer
				  oil in the State without an Oil Transfer License issued by the
				  Department.
B. Application
				  Requirements. Before an Oil Transfer License may be issued by the Department,
				  an applicant shall submit to the Department all of the following information:
(1) A completed application on a form
				  provided by the Department;
(2) If
				  applicable, satisfactory evidence that the applicant has implemented or is in
				  the process of implementing:
(a) State and
				  federal plans and regulations to control pollution related to oil, petroleum
				  products, and their byproducts; and
(b) A plan for the abatement of pollution
				  related to oil, petroleum products, and their byproducts when a spill, release,
				  or discharge occurs;
(3)
				  Proof that the applicant is registered with the Maryland Department of
				  Assessments and Taxation and that the person is in good standing with the State
				  at the time the application for an Oil Transfer License is submitted;
(4) Proof of Workers' Compensation Insurance
				  or, if not required, a certificate of compliance with the Maryland Workers '
				  Compensation Act; and
(5) Proof of
				  the applicant's registration with the Comptroller of Maryland's Motor Fuel Tax
				  Unit or a signed document that registration by the applicant with the unit is
				  not required.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.09 - Oil Operations Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Individual Oil Operations Permit.
(1) An
				  owner, an operator, and a person in charge of an oil storage facility or oil
				  handling facility that meets one or more of the following conditions shall
				  obtain an Individual Oil Operations Permit in accordance with Regulation .11 of
				  this chapter:
(a) An oil storage facility or
				  oil handling facility having an aggregate storage capacity of 10,000 gallons or
				  greater;
(b) A marina with an AST
				  system that is part of a motor fuel dispensing facility;
(c) An oil storage facility or oil handling
				  facility involved in the handling, reuse, processing, re-refining, or disposal
				  of used oil that has an aggregate storage capacity of 1,000 gallons or greater
				  of used oil;
(d) An oil storage
				  facility or oil handling facility involved in the delivery or transfer of oil:
(i) Using a truck tank or transport with a
				  cargo tank capacity of 500 gallons or greater; and
(ii) To or from any point within the State,
				  including deliveries from out-of-State facilities;
(e) An oil storage facility or oil handling
				  facility with a loading/unloading rack or transfer area used in the transfer of
				  oil to or from a truck tank, transport, or tank car;
(f) An oil storage facility or oil handling
				  facility otherwise permitted under §B of this regulation that delivers,
				  transfers, or stores oil if the Department determines the delivery, transfer,
				  or storage of oil poses a water pollution hazard due to the facility's size,
				  nature, or location;
(g) An
				  oil-contaminated soil facility as defined in COMAR
				  26.10.13.02B;
				  and
(h) An oil storage facility or
				  oil handling facility whose operations involve the solidification/stabilization
				  of oil sludge, oil refuse, or oil mixed with other waste.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.10 - Registration of AST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Exception.
(1) Unless otherwise directed by
				  the Department, an owner, an operator, and a person in charge of an oil storage
				  facility or oil handling facility is not required to register an AST system
				  located at the facility with the Department if:
(a) The oil storage facility is a
				  single-family residential property;
(b) The oil storage facility or oil handling
				  facility has an aggregate storage capacity of 2,500 gallons or less and
				  operates under a General Oil Operations Permit, as required under Regulation
				  .09B of this chapter; or
(c) The
				  AST system stores oil for less than six consecutive months.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.11 - Requirements for the Application and Issuance of an Individual Oil Operations Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner, an
				  operator, and a person in charge of an oil storage facility or oil handling
				  facility required to obtain an Individual Oil Operations Permit under
				  Regulation .09A of this chapter shall complete, on forms provided by the
				  Department, and submit to the Department:
(1)
				  An application for an Individual Oil Operations Permit; and
(2) A plan for notification, containment, and
				  removal of a spill, release, or discharge of oil.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.12 - Conditions for the Denial, Suspension, Revocation, and Modification of an Oil Transfer License or Oil Operations Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Oil Transfer License.
(1) After written notification by the
				  Department and an opportunity to request a hearing, the Department may deny a
				  person's application for an Oil Transfer License or suspend or revoke a
				  licensee's Oil Transfer License if the Department determines that:
(a) A violation of a provision of the Oil
				  Transfer License or other applicable federal, State, or local requirements
				  related to oil pollution has occurred;
(b) A violation of the Environment Article,
				  Annotated Code of Maryland or a regulation adopted under the Environment
				  Article, Annotated Code of Maryland has occurred;
(c) False or inaccurate information or data
				  was provided in:
(i) An application for an Oil
				  Transfer License;
(ii) A report,
				  submitted to the Department, on the barrels of oil transferred within a quarter
				  by a licensee; or
(iii) Any other
				  document submitted to the Department under the terms and conditions of an Oil
				  Transfer License;
(d) A
				  licensee has failed to submit to the Department an oil transfer fee payment or
				  accompanying report on the barrels of oil transferred for one or more
				  quarters;
(e) Issuance of an Oil
				  Transfer License would pose a risk of harm to public health, safety, or welfare
				  or the environment; or
(f) Any
				  other good cause exists for denying, suspending, or revoking an Oil Transfer
				  License.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.13 - Residential Heating Oil Tanks

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Scope. This regulation establishes requirements for the delivery of heating oil
				  to a residential heating oil tank and the use, installation, and permanent
				  closure of a residential heating oil tank.
B. Heating Oil Delivery.
(1) The owner of an oil delivery company
				  shall have a valid Individual Oil Operations Permit issued by the Department:
(a) To deliver heating oil to residential
				  heating oil tanks; and
(b) To
				  employ persons to deliver heating oil to residential heating oil
				  tanks.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.14 - Marinas

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				  does not apply to:
(1) A marine oil
				  facility;
(2) An oil storage
				  facility with loading and unloading facilities;
(3) An oil storage facility or oil handling
				  facility utilizing a flange-to-flange closed transfer piping system;
				  or
(4) A marine motor fuel
				  dispensing facility where oil used as fuel is stored and dispensed only into
				  fuel tanks of vessels of 300 gross tons or greater.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.15 - Solidification/Stabilization of Oil Waste Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner, an operator, and a person in
				  charge of an oil storage facility or oil handling facility shall obtain an
				  Individual Oil Operations Permit to conduct an oil sludge, oil refuse, or oil
				  mixed with other waste solidification/stabilization operation.
B. Permit Application and Issuance
				  Procedures.
(1) An owner, an operator, and a
				  person in charge of an oil storage facility or oil handling facility shall
				  apply for an Individual Oil Operations Permit in accordance with Regulations
				  .09A and .11 of this chapter, and include the following information in the
				  permit application:
(a) A to-scale site
				  diagram that identifies the:
(i) Location of
				  each solidification/stabilization process area;
(ii) Direction of stormwater flow at the
				  facility;
(iii) Storm drains
				  on-site and immediately off-site; and
(iv) Location of buildings and property
				  lines, identifying the owners of any adjacent properties; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.16 - Requirements for Oil Delivery by Truck Tanks and Transports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permittee and a person in charge of the
				  transportation, transfer, or delivery of oil shall use:
(1) A truck tank or transport equipped with
				  transfer hoses and fittings of a grade suitable for the type of oil transferred
				  and for the type of delivery;
(2) A
				  truck tank or transport equipped with transfer hoses designed to withstand
				  pressure of the shut-off head of the cargo pump or pump relief valve setting;
				  and
(3) Vehicles that are in
				  compliance with:
(a) The Maryland Department
				  of Transportation requirements for transportation of hazardous materials under
				  COMAR 11.16.01 and motor carrier safety under COMAR 11.21.01; and
(b) NFPA 385 "Standard for Tank Vehicles for
				  Flammable and Combustible Liquids".
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.17 - Requirements for Drivers of Truck Tanks and Transports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A driver operating a truck tank or a
				  transport shall:
(1) Comply with NFPA 385
				  "Standard for Tank Vehicles for Flammable and Combustible Liquids";
(2) Be 21 years old or older as required
				  under Transportation Article, §
											25-111, Annotated Code
				  of Maryland; and
(3) Complete
				  annual safety training provided in accordance with Regulation .16B of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.18 - Requirements for Oil Transfers at Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation are
				  applicable to oil storage facilities and oil handling facilities with tank car,
				  truck tank, or transport loading/unloading racks or transfer areas.
B. Spill Control.
(1) For a loading/unloading rack or transfer
				  area at an oil storage facility or oil handling facility where a spill,
				  release, or discharge can occur during transfer operations, an owner, an
				  operator, and a person in charge of the facility shall:
(a) Pave the loading/unloading rack or
				  transfer area with a material that has a permeability of
				  10-7 centimeters/second or less and is resistant to
				  oil;
(b) Maintain the pavement
				  installed in accordance with §B(1)(a) of this regulation to prevent cracking
				  and holes;
(c) Design the
				  loading/unloading rack or transfer area to prevent the entrance of stormwater
				  or wastewater runoff into the loading/unloading rack or transfer
				  area;
(d) Cover the
				  loading/unloading rack or transfer area with a roof;
(e) Include a containment system that
				  prevents oil or stormwater containing oil from discharging to waters of the
				  State by:
(i) Being designed to hold a spill,
				  release, or discharge from the largest single compartment of any tank car,
				  truck tank, or transport loading or unloading oil at the facility;
				  and
(ii) Using permanent curbing,
				  trenching, or other spill control methods approved by the Department;
				  and
(f) Install one or
				  more of the following to prevent a spill, release, or discharge of oil:
(i) An oil/water separator;
(ii) A diked or bermed catchment area that
				  has a permeability of 10-7 centimeters/second or
				  less; or
(iii) An emergency
				  underground holding tank that remains empty unless a spill, release, or
				  discharge occurs.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.19 - Right to Information and Facility Access

Current through Register Vol. 51, No. 14, July 12, 2024
As a condition for the issuance of an Individual Oil
					 Operations Permit or authorization to operate under a General Oil Operations
					 Permit, the permittee and the person in charge of an oil storage facility or
					 oil handling facility shall, upon the request of the Department:
A. Provide to the Department information and
				  copies of records required under:
(1) The
				  provisions of COMAR 26.10;
(2)
				  Environment Article, §§ 4-401-4 -420, Annotated Code of Maryland; or
(3) A condition of the permit;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.01 - Underground Storage Tank Systems › Section 26.10.01.20 - Requirements for Motor Fuel Dispensing Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation apply
				  to an owner, an operator, and a person in charge of a motor fuel dispensing
				  facility.
B. An owner, an operator,
				  and a person in charge of a motor fuel dispensing facility shall install and
				  operate a storage tank system in accordance with the requirements of COMAR
				  26.10 as follows:
(1) Install and operate a
				  UST system in accordance with:
(a) The
				  requirements of this chapter, COMAR 26.10.02-26.10.12, and 26.10.16;
				  and
(b) The applicable documents
				  incorporated by reference under Regulation .03 of this chapter;