reglab/statecodes huggingface dataset:
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 26.10.01.21 - Requirements for Marine Oil Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Response Plan.
(1) An owner and an operator of a marine oil
				  facility required to have an approved response plan under 33 CFR Part 154,
				  Subpart F may not operate the marine oil facility unless the owner, the
				  operator, and the marine oil facility are in full compliance with federal
				  requirements for a response plan.
(2) An owner and an operator of a marine oil
				  facility shall include in a response plan, at a minimum:
(a) Training elements;
(b) Oil spill, release, or discharge
				  contingency elements;
(c) Removal
				  equipment elements; and
(d) All of
				  the elements required to be included in a response plan under 33 CFR Part 154,
				  Subpart F.
(3) An owner
				  and an operator of a marine oil facility shall provide to the Department a
				  current response plan as part of an application for:
(a) A new Individual Oil Operations Permit;
				  and
(b) A renewal of an Individual
				  Oil Operations Permit.
(4) An owner and an operator of a marine oil
				  facility shall implement all of the elements of an approved response plan in
				  accordance with the schedule of compliance in 33 CFR Part 154, Subpart
				  F.
(5) An owner and an operator of
				  a marine oil facility shall:
(a) Maintain an
				  approved response plan at the marine oil facility; and
(b) Make the approved response plan available
				  for review upon request by the Department.
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 26.10.01.22 - Requirements for Tank Vessels

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Response Plan.
(1) An owner and an operator
				  of a tank vessel shall comply with the requirements of §A(2)-(4) of this
				  regulation.
(2) An owner and an
				  operator of a tank vessel required to have an approved response plan under 33
				  CFR Part 155, Subpart D may not operate the tank vessel in the State unless the
				  owner and the operator of the tank vessel and the tank vessel are in full
				  compliance with federal requirements for a response plan.
(3) An owner and an operator of a tank vessel
				  shall include in a response plan, at a minimum:
(a) Training elements;
(b) Oil spill, release, or discharge
				  contingency elements;
(c) Removal
				  equipment elements; and
(d) All of
				  the elements required to be included in a response plan under 33 CFR Part 155,
				  Subpart D.
(4) An owner
				  and an operator of a tank vessel shall make an approved response plan available
				  for review by a representative of the Department upon request.
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 26.10.01.23 - Bonding Requirements for Tank Vessels

Current through Register Vol. 51, No. 14, July 12, 2024
A. The terms "assets", "current assets",
				  "current liabilities", "liabilities", "net working capital", "net worth",
				  "parent corporation", and "tangible net worth" as used in §D of this regulation
				  have the meanings stated in 40 CFR §
											264.141.
B. Exceptions.
(1) The requirements of this regulation do
				  not apply to a public vessel.
(2)
				  An owner and an operator of a tank vessel transferring greater than 25 barrels
				  of oil in bulk as cargo in waters of the State may not be required to obtain a
				  bond or other security for the tank vessel if:
(a) The tank vessel is carrying oil removed
				  from:
(i) Waters of the State as the result of
				  a spill, release, or discharge or at the request of the Department, the federal
				  government, or a person responsible for the discharge; or
(ii) Another vessel because of the threat of
				  a spill, release, or discharge into waters of the State; and
(b) The tank vessel is not owned
				  or operated by the person responsible for the discharge resulting in the need
				  for removal of oil from waters of the State.
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 26.10.01.24 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. As authorized
				  under Environment Article, §
										4-412, Annotated Code of
				  Maryland:
(1) The Department shall issue and
				  cause to be served a written complaint:
(a)
				  To an alleged violator of a provision of Environment Article, Title 4, Subtitle
				  4, Annotated Code of Maryland or of any oil pollution control and storage tank
				  management provision of COMAR 26.10; and
(b) That specifies the following information:
(i) The provision of law, rule, or regulation
				  allegedly violated; and
(ii) The
				  alleged fact or facts that constitute the violation;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements for
				  an Owner and an Operator of a UST System.
(1)
				  Except as otherwise provided in §§B and C of this regulation, an owner and an
				  operator of a UST system that uses or may use the UST system to store a
				  regulated substance are subject to the requirements of this chapter, COMAR
				  26.10.03-26.10.12, and 26.10.16.
(2) Beginning January 12, 2009, an owner and
				  an operator installing a new or replacement UST system are subject to the
				  interstitial monitoring requirements for methods of release detection in COMAR
				  26.10.05.05G.
(3) Beginning January 12, 2009, an
				  owner and an operator of a UST system installing new, replacement, or upgraded
				  secondary containment piping are subject to the monitoring requirements for
				  secondary containment piping in COMAR
				  26.10.05.02D(3).
(4) An owner and an operator of an airport
				  hydrant fuel distribution system are subject to the requirements in COMAR
				  26.10.12.
(5) An owner and an
				  operator of a UST system with one or more field-constructed tanks are subject
				  to the requirements in COMAR 26.10.12.
(6) An owner and an operator of a UST system
				  that stores fuel for use by an emergency power generator are subject to the
				  methods of release detection requirements in COMAR 26.10.05.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter
				  and COMAR 26.10.03-26.10.12 and 26.10.16:
(1)
				  A term in §B of this regulation has the meaning indicated; and
(2) A term not defined in §B of this
				  regulation has the meaning given to it in:
(a)
				  A relevant statute;
(b) COMAR
				  26.10.01; or
(c) If not defined in
				  a relevant statute or COMAR 26.10.01, 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 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03 - General Provisions for UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a UST system
				  storing a regulated substance shall comply with the general provisions and
				  specifically prohibited acts under COMAR 26.10.01.04.
B. Person Responsible for a Release.
(1) The following persons shall be
				  responsible for the prompt control, containment, and removal of a regulated
				  substance release:
(a) The responsible
				  party;
(b) The owner of the
				  property where the regulated substance release occurred;
(c) The owner of the regulated
				  substance;
(d) The owner and the
				  operator of the UST system storing the regulated substance;
(e) The person in charge of the facility,
				  vessel, or vehicle involved in the release; and
(d) If a release occurs from an improperly
				  abandoned UST system, the current landowner and any person who owned, leased,
				  or was otherwise responsible for the UST system at the time it was improperly
				  abandoned.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03-1 - Gasoline UST System

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a gasoline underground storage tank system in a
					 high risk groundwater use area shall:
A. Comply with the requirements of this
				  regulation in addition to all other applicable requirements of COMAR
				  26.10.02-26.10.11; or
B. Submit the
				  following data to the Department, for its consideration, to demonstrate that
				  the construction, operation, and location of the UST system is not a threat to
				  the groundwater:
(1) A survey of groundwater
				  use within a 1/2 mile radius of the UST site;
(2) A description of the construction
				  materials used for the UST system;
(3) A description of the release detection
				  methods used to protect the groundwater; and
(4) A description of operation and testing
				  methods used to protect the groundwater.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03-2 - New Gasoline UST System

Current through Register Vol. 51, No. 14, July 12, 2024
The owner of a new gasoline UST system in a high-risk
					 groundwater use area shall:
A. Install
				  all piping, including Stage II vapor recovery piping, in accordance with COMAR
				  26.10.03.02;
B. Install and utilize, on the piping, an
				  interstitial release detector system approved by the National Work Group on
				  Leak Detection Evaluations;
C. For
				  USTs with a capacity of greater than 2,000 gallons or for multiple tanks in a
				  shared tank excavation:
(1) Install four
				  monitoring pipes in accordance with the specifications in COMAR
				  26.10.03.04B, so
				  that one monitoring pipe is located in each corner of the tank excavation area;
				  and
(2) In conjunction with the
				  monitoring pipes, install a piping system that is designed to allow for active
				  ventilation of the tank excavation area;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03-3 - Analytical Testing Methods - New or Existing Gasoline UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
Owners of new or existing gasoline UST systems
					 shall:
A. Analyze each monitoring well
				  in accordance with U.S. Environmental Protection Agency (EPA) Method 8260 for
				  gasoline constituents, including MtBE; and
B. Analyze each site supply well in
				  accordance with EPA Method 524.2.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03-4 - Existing Gasoline UST System

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The owner of an existing gasoline UST system in a high risk groundwater use
				  area served by one or more individual water supply systems, as defined in COMAR
				  26.04.03.01 -1B(8), shall:
(1) Use a method
				  approved by the Department to:
(a) Test all
				  spill catchment basins and containment sumps in accordance with COMAR
				  26.10.03.03;
(b) Sample each site supply well, and any
				  existing monitoring wells within 180 days of January 26, 2005;
(c) Install, in accordance with COMAR
				  26.04.04 and sample a minimum of three groundwater monitoring wells outside the
				  UST excavation area in locations that will determine groundwater flow and
				  detect a release from the UST system within 180 days of January 26,
				  2005;
(d) Test water samples
				  obtained in §A(1)(b) and (c) of this regulation in accordance with Regulation
				  .03-3 of this chapter; and
(e)
				  Sample and test annually thereafter, as required in §A(1)(b)-(d) of this
				  regulation; 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 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03-5 - Detection of Levels of Concern

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If the concentrations of gasoline constituents in site groundwater sampling and
				  testing required by this regulation are less than the levels of concern as
				  defined in this chapter, the owner of the UST system shall continue to sample
				  and test in accordance with this chapter.
B. If the concentrations of gasoline
				  constituents in site groundwater sampling and testing required by this chapter
				  are equal to or greater than the levels of concern as defined in Regulation
				  .03B of this chapter, the owner shall:
(1)
				  Report the concentrations to the Department within 24 hours;
(2) Initiate an investigation within 48 hours
				  to determine the impacts to groundwater, both on-site and off-site, in
				  accordance with Regulation .03-4B and COMAR 26.10.08.02-.04; and;
(3) Develop a Corrective Action Plan, as
				  directed by the Department and in accordance with COMAR 26.10.09.07.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.03-6 - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. Owners and
				  operators shall maintain and make available to the Department records of all
				  testing required by this chapter for 1 year at the UST facility and for 5 years
				  at a location designated by the owner.
B. A person may not make any false statement,
				  representation, or certification on any record, report, plan, or other document
				  filed or required to be maintained by 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 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.04 - General UST System Permit by Rule

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a UST system
				  regulated under this chapter are authorized by the Department under a General
				  UST System Permit to operate the UST system provided the conditions specified
				  in this section are met:
(1) The owner and
				  the operator of the UST system shall comply with all of the applicable
				  requirements of this chapter and COMAR 26.10.03-26.10.12 and
				  26.10.16;
(2) The owner and the
				  operator of the UST system shall remove or properly decommission nonoperational
				  components and appurtenances connected to the UST system in order to:
(a) Ensure proper operation of all spill and
				  overfill, corrosion protection, and release detection equipment; and
(b) Prevent a spill, release, or
				  discharge;
(3) The owner
				  and the operator of the UST system shall:
(a)
				  Make the facility where the UST system is located available for reasonable
				  inspection by the Secretary or the Secretary's authorized representative;
				  and
(b) During an inspection, allow
				  the Secretary or the Secretary's authorized representative to:
(i) Collect air, ground or surface water,
				  soil, and vegetation samples or samples of other materials on-site as
				  determined necessary by the Department; and
(ii) Obtain photographic or videographic
				  documentation or evidence;
(4) The owner and the operator of the UST
				  system shall make all records required under COMAR 26.10 and Environment
				  Article, Annotated Code of Maryland available for inspection and copying by the
				  Secretary or the Secretary's authorized representative; and
(5) The owner and the operator of the UST
				  system shall complete any survey forms or other documents required by the
				  Department in a timely manner.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.02 - Underground Storage Tank Systems › Section 26.10.02.05 - Violations and Hearing Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The provisions of this regulation apply to an owner and an operator of a UST
				  system regulated under COMAR 26.10.
B. If the Department determines that an owner
				  and an operator of a UST system violated a provision of this chapter or
				  Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, the
				  Department shall comply with the violation procedures specified under COMAR
				  26.10.01.24 and Environment
				  Article, §
										4-412, Annotated Code of
				  Maryland.
C. In addition to the
				  violation procedures identified under §B of this regulation, if the UST system
				  is a hazardous substance UST system from which a release of a hazardous
				  substance has occurred, the Department shall conduct any applicable enforcement
				  actions under Environment Article, Title 7, Subtitle 2, Part VIII, Annotated
				  Code of Maryland.
D. Contested Case
				  Hearings.
(1) In addition to any other
				  contested case hearing rights provided under this chapter, an owner and an
				  operator of a UST system shall:
(a) Have the
				  contested case hearing rights provided under COMAR
				  26.10.01.24B and
				  Environment Article, §
												4-412, Annotated Code of
				  Maryland; and
(b) In the case of a
				  release of a hazardous substance from a UST system, have the contested case
				  hearing rights provided under Environment Article, §
												7-261, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.01 - Performance Standards for New or Replacement UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a new or
				  replacement UST system shall comply with the requirements of this chapter for
				  as long as a UST system is used to store a regulated substance to prevent a
				  spill, release, or discharge due to structural failure, corrosion, or an
				  overfill.
B. UST Standards for a
				  New or Replacement UST System.
(1) An owner
				  and an operator of a UST system shall install a UST that is properly designed,
				  constructed, and protected from corrosion in accordance with one of the
				  following methods:
(a) The UST is constructed
				  of UL listed fiberglass-reinforced plastic;
(b) The UST is constructed of steel, is
				  coated with a suitable dielectric material, and has one of the following
				  cathodic protection systems:
(i) An impressed
				  current system designed by a corrosion expert; or
(ii) A manufacturer-installed cathodic
				  protection system that is UL listed or approved by STI;
(c) The UST is constructed of steel and clad
				  or jacketed with a non-corrodible material that is UL listed or approved by
				  STI; or
(d) Subject to the approval
				  of the Department, the UST is constructed and protected from corrosion by an
				  alternative installation method that is designed to prevent a spill, release,
				  or discharge or a threatened spill, release, or discharge of a stored regulated
				  substance in a manner determined by the Department to be as protective of
				  public health, safety, and welfare and the environment as the USTs described in
				  §B(1)(a)-(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 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.02 - Performance Standards for Piping

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Beginning January 26, 2005, an owner and an operator of a UST system shall
				  install, upgrade, or replace piping that routinely contains petroleum vapor or
				  a regulated substance in accordance with the following requirements:
(1) Install piping in a UL listed or
				  Department approved secondary containment system that:
(a) Contains the petroleum vapor or regulated
				  substance released from the primary piping until the petroleum vapor or
				  regulated substance is detected and removed;
(b) Prevents a spill, release, or discharge
				  of petroleum vapor or a regulated substance to the environment; and
(c) With the exception of the vent riser,
				  beginning June 13, 2022, the effective date of this chapter, terminates or
				  connects in a liquid tight containment sump with a sump sensor:
(i) Installed within 1 inch of the lowest
				  part of the sump bottom;
(ii)
				  Properly secured in the sump by a fixed mounting bracket; and
(iii) That activates an alarm when liquid is
				  detected;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.03 - Spill and Overfill Prevention Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided under §C of this
				  regulation, an owner and an operator of a UST system shall use spill and
				  overfill prevention equipment that complies with the requirements of this
				  section.
(1) Spill Prevention Equipment. An
				  owner and an operator of a UST system shall install and test spill prevention
				  equipment that will prevent a spill, release, or discharge of a regulated
				  substance into the environment when the transfer hose of a truck tank or
				  transport is detached from the fill pipe or Stage I vapor recovery connection
				  of a UST in accordance with the following requirements:
(a) Install a spill catchment basin with a
				  minimum capacity of 5 gallons at the fill pipe of a new, replacement, or
				  upgraded UST;
(b) Beginning
				  November 4, 1996, install a spill catchment basin with a minimum capacity of 5
				  gallons at the fill pipe of a new, replacement, or upgraded UST system that
				  receives used oil;
(c) Beginning
				  July 1, 1998, install a spill catchment basin with a minimum capacity of 5
				  gallons at the Stage I vapor recovery connection on a new or replacement UST
				  system that utilizes Stage I vapor recovery; and
(d) Test spill prevention equipment for
				  tightness using a method approved by the Department at the following frequency:
(i) If the spill prevention equipment was
				  installed before January 26, 2005, within 180 days of that date;
(ii) If the spill prevention equipment is
				  installed on or after January 26, 2005, within 30 days of installing the spill
				  prevention equipment;
(iii) Upon
				  repair of the spill prevention equipment; and
(iv) At least annually after the most recent
				  test was conducted.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.04 - UST System Installation Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a UST system
				  shall properly install the UST system in accordance with:
(1) The requirements of this
				  regulation;
(2) The applicable
				  technical codes and standards incorporated by reference under COMAR
				  26.10.01.03;
(3) The manufacturer's
				  instructions;
(4) The requirement
				  to have a certified UST system technician perform or supervise the installation
				  in accordance with COMAR
				  26.10.02.03D;
				  and
(5) Any alternative
				  installation methods approved by the Department under Regulations .01B(1)(d),
				  .02B(1)(c), and .03C(1) 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 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.05 - Precision Tightness Testing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  After completing the installation or replacement, repair, or upgrade of a UST
				  system, an owner and an operator of a UST system shall test the UST system for
				  tightness using a precision tightness test as defined in COMAR
				  26.10.02.02B
				  before operation of the UST system.
B. An owner and an operator of a UST system
				  shall only conduct a precision tightness test approved by the
				  Department.
C. For each precision
				  tightness test conducted on a UST system, the owner and the operator of the UST
				  system shall:
(1) Maintain and make available
				  for inspection by the Department upon request, records regarding a precision
				  tightness test;
(2) Keep the
				  records on file at the regulated substance storage facility or at a location
				  designated by and the under control of the owner and the operator of the UST
				  system for as long as the UST system is used to store a regulated substance;
				  and
(3) Include in the records all
				  of the following information:
(a) The
				  commercial name of the test equipment;
(b) The name of the testing
				  company;
(c) The name of the
				  individual conducting the test;
(d)
				  The date of the test;
(e) The data
				  accumulated by the test; and
(f)
				  The results of the precision tightness test.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.06 - Piping Installation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner
				  and an operator of a UST system shall comply with the installation requirements
				  of this regulation.
B. Install
				  piping in accordance with the requirements of this regulation.
C. Place underground piping on a 6-inch
				  bedding of appropriate backfill material as described in Regulation .04 of this
				  chapter.
D. Maintain the following
				  clearances when installing piping:
(1) Twice
				  the nominal diameter of the pipe but at least 4 inches between all
				  piping;
(2) At least 6 inches
				  between piping and electrical conduits related to the UST system;
(3) At least 6 inches between piping and
				  excavation zone sidewalls; and
(4)
				  At least 18 inches between piping and the surface of the ground.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.07 - Compatibility

Current through Register Vol. 51, No. 14, July 12, 2024
An owner and an operator of a UST system shall:
A. Use a UST system made of or lined with a
				  material compatible with the regulated substance stored in the UST
				  system;
B. If the UST system stores
				  an ethanol blend, comply with API Recommend Practice 1626 "Storing and Handling
				  Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Filling
				  Stations";
C. Provide notification
				  to the Department regarding a change in the regulated substance stored in the
				  UST system as follows:
(1) In a format
				  required by the Department, notify the Department in writing at least 30 days
				  before switching to a regulated substance that contains:
(a) Greater than 10 percent
				  ethanol;
(b) Greater than 20
				  percent biodiesel; or
(c) Any other
				  regulated substance identified by the Department; 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 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.08 - Upgrading Existing UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  This regulation does not apply to an owner and an operator of:
(1) A UST system containing heating oil for
				  consumptive use; or
(2) A UST
				  system with a field-constructed tank or an airport hydrant fuel distribution
				  system.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.09 - UST System Registration Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner, an operator, and a person in
				  charge of one or more UST systems shall:
(1)
				  Register each UST system with the Department and maintain up-to-date
				  registration for each UST system with the Department;
(2) Submit to the Department a completed
				  registration form for a UST system to the Department not later than 30 days
				  following the:
(a) Installation of a new or
				  replacement UST system; or
(b)
				  Acquisition of a new or replacement UST system;
(3) Amend the registration for a registered
				  UST system by submitting to the Department a registration form not later than
				  30 days following:
(a) The return of a
				  temporarily closed UST system to in-service status;
(b) A change in the regulated substance
				  stored;
(c) A change-in-service to
				  store a non-regulated substance in a UST system;
(d) An upgrade of an existing UST
				  system;
(e) The temporary closure
				  or permanent closure of a UST system; or
(f) If applicable, an owner of UST system
				  being released from the requirement to maintain financial responsibility or
				  obtaining coverage under an alternate mechanism of financial responsibility;
				  and
(4) Include on a
				  submitted registration form all of the information requested on the form,
				  including:
(a) If amending the registration
				  for a registered UST system, information remaining unchanged since the last
				  registration form was submitted for the UST system;
(b) A certification of the UST system owner's
				  compliance with the:
(i) Installation of a UST
				  and piping requirements under this chapter;
(ii) Installation of spill and overfill
				  prevention equipment requirements under this chapter;
(iii) Cathodic protection of steel USTs and
				  piping requirements under Regulations .01 and .02 of this chapter;
(iv) Financial responsibility requirements
				  under COMAR 26.10.11; and
(v)
				  Release detection requirements under COMAR 26.10.05 and, if a UST system with a
				  field-constructed tank or an airport hydrant system, 26.10.12;
(c) If the UST system is used in
				  the operation of a commercial or business entity, certification and proof that:
(i) The owner has registered the commercial
				  or business entity with the Maryland Department of Assessments and Taxation;
				  and
(ii) The commercial or business
				  entity is in good standing with the State at the time of the UST system initial
				  or amended registration; and
(d) A certification from a certified UST
				  system technician that the methods used to install the UST system comply with
				  the requirements in COMAR 26.10.02-26.10.12 and 26.10.16.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.03 - UST Systems: Design, Construction, Installation, Registration, and Inspection › Section 26.10.03.10 - UST System Inspection Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner of a motor fuel, bulk oil
				  storage, used oil, or a hazardous substance UST system shall have a certified
				  inspection completed for the UST system:
(1)
				  By a UST system inspector certified by the Department under COMAR
				  26.10.06;
(2) To verify the owner's
				  and the operator's compliance with the UST system requirements established
				  under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07-26.10.12
				  and 26.10.16; and
(3) In accordance
				  with the schedule established under §B 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 26.10.04 - UST Systems: General Operating Requirements › Section 26.10.04.01 - Spill and Overfill Control

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Delivery and Transfer Operations. An owner and an operator of a UST system
				  shall ensure:
(1) The ullage available in the
				  UST is greater than the volume of the regulated substance to be transferred to
				  the UST before delivery or transfer begins;
(2) During a delivery or transfer operation:
(a) A spill, release, or discharge of a
				  regulated substance does not occur due to overfilling the UST or spilling a
				  regulated substance during the transfer; and
(b) The delivery or transfer operation is
				  constantly monitored to prevent overfilling of the UST and spilling of a
				  regulated substance;
(3)
				  The delivery or transfer operation is conducted in accordance with the
				  requirements in COMAR
				  26.10.01.16 and .17 and NFPA 385
				  "Standard for Tank Vehicles for Flammable and Combustible Liquids";
				  and
(4) The company making an oil
				  delivery or transfer using a truck tank or transport with a cargo tank capacity
				  of 500 gallons or greater holds a valid Individual Oil Operations Permit from
				  the Department in accordance with COMAR 26.10.01.09.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.04 - UST Systems: General Operating Requirements › Section 26.10.04.02 - Operation and Maintenance of Corrosion Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a metal UST
				  system with corrosion protection shall:
(1)
				  Comply with the requirements of this regulation to prevent a spill, release, or
				  discharge due to corrosion until the UST system is permanently closed or
				  undergoes a change-in-service pursuant to COMAR
				  26.10.10.02;
(2) Operate and maintain a corrosion
				  protection system to continuously provide corrosion protection to the metal
				  components of the UST system in contact with the ground, including soil and
				  backfill material, or continuous or intermittent water; and
(3) If the UST system is protected by an
				  impressed current system, design the UST system so that the impressed current
				  source cannot be deenergized at any time, except to perform service work on the
				  UST system or the impressed current system.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.04 - UST Systems: General Operating Requirements › Section 26.10.04.03 - Periodic Operation and Maintenance Walkthrough Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning not
				  later than 90 days afterJune 13, 2022, an owner and an operator of a UST system
				  shall conduct a periodic operation and maintenance walkthrough inspection in
				  accordance with:
(1) The inspection
				  procedures under §B or C of this regulation; and
(2) The recordkeeping requirements under §D
				  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 26.10.04 - UST Systems: General Operating Requirements › Section 26.10.04.04 - Repairs Allowed

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and
				  an operator of a UST system shall conduct repairs that:
(1) Prevent spills, releases, and discharges
				  due to structural failure or corrosion for the entire period in which a UST
				  system is used to store regulated substances;
(2) Comply with the applicable code of
				  practices developed by a nationally recognized association incorporated by
				  reference under COMAR
				  26.10.01.03; and
(3) Meet all of the requirements 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 26.10.04 - UST Systems: General Operating Requirements › Section 26.10.04.05 - Access, Reporting, and Recordkeeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. Access. An owner, an operator, and a
				  person in charge of a UST system shall:
(1)
				  Make available for inspection by the Secretary or the Secretary 's authorized
				  representative:
(a) The regulated substance
				  storage facility where the UST system is located; and
(b) An alternative site where records
				  regarding the operation of the UST system are maintained;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.05 - UST Systems: Release Detection › Section 26.10.05.01 - Release Detection: General Requirements for All UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an
				  operator of a UST system shall provide a method, or combination of methods, of
				  release detection that:
(1) Can detect a
				  spill, release, or discharge from any portion of the UST and the connected
				  underground piping;
(2) Is
				  installed and calibrated in accordance with the manufacturer's
				  instructions;
(3) Is operated and
				  maintained in accordance with:
(a) The
				  manufacturer's instructions;
(b) A
				  code of practice incorporated by reference under COMAR
				  26.10.01.03; or
(c) Requirements determined by the Department
				  to be not less protective of human health and the environment than §A(3)(a) or
				  (b) of this regulation;
(4) Meets the performance requirements in
				  Regulations .02 and .05 of this chapter, or COMAR 26.10.12 for a UST system
				  with a field-constructed tank or an airport hydrant system, as applicable, with
				  performance claims verified by the manufacturer's specifications; and
(5) Is capable of detecting a leak at a rate
				  or quantity specified in this chapter with a probability of detection of not
				  less than 0.95 and a probability of false alarm of not more than
				  0.05.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.05 - UST Systems: Release Detection › Section 26.10.05.02 - Requirements for UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  owner and an operator of a petroleum UST system or a hazardous substance UST
				  system, unless otherwise provided in this regulation, shall provide release
				  detection for USTs and piping as described in this regulation.
B. An owner and an operator of a UST system
				  shall monitor the UST system for releases of a regulated substance by:
(1) Conducting inventory control in
				  accordance with Regulation .04 of this chapter; and
(2) At least monthly, conducting one of the
				  methods of release detection described in Regulation .05B-H 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 26.10.05 - UST Systems: Release Detection › Section 26.10.05.03 - Requirements for Hazardous Substance UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the UST system requirements
				  in Regulation .02 of this chapter, an owner and an operator of a hazardous
				  substance UST system shall:
(1) Provide
				  containment that meets the requirements of this regulation; and
(2) Monitor the containment systems using
				  interstitial monitoring pursuant to Regulation .05G of this chapter at least
				  monthly.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.05 - UST Systems: Release Detection › Section 26.10.05.04 - Inventory Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inventory
				  Variations.
(1) An owner and an operator of a
				  UST system shall review the reconciled inventory records required by COMAR
				  26.10.04.01 for the following:
(a) Inventory variations exceeding 1 percent
				  plus 130 gallons of the metered quantity of a regulated substance each calendar
				  month; and
(b) Daily inventory
				  records that show 7 consecutive days of shortage totaling 80 gallons or
				  more.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.05 - UST Systems: Release Detection › Section 26.10.05.05 - Method of Release Detection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  In addition to the inventory control requirements in Regulation .04 of this
				  chapter, an owner and an operator of a UST system shall perform one or a
				  combination of the methods of release detection described in §§B-H of this
				  regulation at least monthly.
B.
				  Statistical Inventory Reconciliation. An owner and an operator of a UST system
				  utilizing statistical inventory reconciliation as a monthly method of release
				  detection:
(1) May only use statistical
				  inventory reconciliation if the UST system is a metered UST system;
(2) Shall use statistical inventory
				  reconciliation to detect a spill, release, or discharge through application of
				  statistical principles to inventory data, or another test of equivalent
				  performance, with a probability of detection of not less than 0.95 and a
				  probability of false alarm of not more than 0.05;
(3) Shall use a method of statistical
				  inventory reconciliation that meets the following requirements:
(a) Uses inventory volume measurements
				  collected in accordance with COMAR
				  26.10.04.01;
(b) Produces a quantitative result with a
				  calculated leak rate;
(c) Is
				  capable of detecting:
(i) A leak rate of 0.2
				  gallon per hour; or
(ii) A spill,
				  release, or discharge of 150 gallons within a month; and
(d) Uses a threshold that does not exceed
				  one-half the minimum detectible leak rate; and
(4) Shall have a Department-approved third
				  party conduct the statistical inventory reconciliation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.05 - UST Systems: Release Detection › Section 26.10.05.06 - Release Detection Recordkeeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a UST system
				  shall maintain records demonstrating compliance with the applicable
				  requirements of this chapter:
(1) In
				  accordance with COMAR
				  26.10.04.05;
(2) For at least 1 year at the regulated
				  substance storage facility;
(3) For
				  at least 5 years at a location designated by the owner of the UST system;
				  and
(4) That include the following
				  information:
(a) Written performance claims
				  pertaining to any release detection system used, and the manner in which these
				  claims have been justified or tested by the equipment manufacturer or
				  installer;
(b) The results of any
				  sampling, testing, or monitoring including:
(i) The results of annual operability tests
				  required in Regulation .01C of this chapter; and
(ii) The results of precision tightness
				  testing conducted in accordance with Regulation .05D of this chapter;
				  and
(c) Written
				  documentation for all calibration, maintenance, and repair of release detection
				  equipment permanently located on-site, and any schedules of required
				  calibration and maintenance provided by the release detection equipment
				  manufacturer.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  may issue certifications to an individual for the following UST system
				  categories:
(1) A UST system technician
				  certification that allows the individual to install, upgrade, repair, close,
				  and perform a change-in-service of a UST system in accordance with the
				  requirements in COMAR 26.10.01-26.10.10, 26.10.12, and 26.10.16;
(2) A heating oil technician certification
				  that allows the individual to only install, upgrade, repair, and close a UST
				  system storing heating oil for consumptive use and with a capacity of 2,000
				  gallons or less in accordance with the requirements in COMAR 26.10.01-26.10.06
				  and 26.10.08-26.10.10;
(3) A UST
				  system remover certification that allows the individual to close and perform a
				  change-in-service of a UST system in accordance with the requirements in COMAR
				  26.10.01, 26.10.02, 26.10.06, and 26.10.08-26.10.10; and
(4) A UST system inspector certification that
				  allows the individual to conduct a UST system inspection in accordance with
				  COMAR 26.10.03.10.