<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 26.10.01.13" title_num="26" subtitle_num="10" chapter_num="01" heading="Residential Heating Oil Tanks.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Heating Oil Delivery.</text>
    <paragraph num="(1)">
      <text>The owner of an oil delivery company shall have a valid Individual Oil Operations Permit issued by the Department:</text>
      <paragraph num="(a)">
        <text>To deliver heating oil to residential heating oil tanks; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To employ persons to deliver heating oil to residential heating oil tanks.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person may not deliver heating oil to a residential heating oil tank if the residential heating oil tank has a spill or release, visible or otherwise known, or unstable so as to likely fall over when filled.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person may not deliver heating oil to a residential heating oil tank unless the residential heating oil tank is equipped with means to determine the heating oil level in the residential heating oil tank at the fill point by one or more of the following methods:</text>
      <paragraph num="(a)">
        <text>A functioning vent whistle with proper vent sizing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A functioning visual or audible overfill alarm; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A person confirming there is sufficient ullage in the residential heating oil tank for the planned delivery volume.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A person shall report a suspected or confirmed spill, release, or discharge of heating oil that occurs during a delivery to:</text>
      <paragraph num="(a)">
        <text>The Department in accordance with Regulation .05 of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An individual living at the property; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The owner of the residential heating oil tank.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Homeowner Heating Oil Deliveries.</text>
      <paragraph num="(a)">
        <text>A homeowner may deliver heating oil to a residential heating oil tank owned by the homeowner.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A homeowner delivering heating oil to a residential heating oil tank owned by the homeowner shall:</text>
        <paragraph num="(i)">
          <text>Comply with §B(2)—(4) of this regulation; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Report a suspected or confirmed heating oil spill, release, or discharge to the Department in accordance with Regulation .05 of this chapter.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>New and Replacement Residential Heating Oil Tanks. A person installing a new or replacement residential heating oil tank aboveground, inside of a building, or underground shall comply with the following provisions:</text>
    <paragraph num="(1)">
      <text>Install a residential heating oil tank that meets the requirements of NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensure all underground piping or piping in contact with the ground surface is protected from corrosion in accordance with:</text>
      <paragraph num="(a)">
        <text>NFPA 30 “Flammable and Combustible Liquids Code”; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Before installing a residential heating oil tank, obtain any applicable wetland and waterways authorization stated in Regulation .04E of this chapter;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If installing an aboveground residential heating oil tank aboveground or inside of a building, install a storage tank that is:</text>
      <paragraph num="(a)">
        <text>UL listed for aboveground use or a storage tank designed and constructed for aboveground use in accordance with a Department-approved industry standard; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Placed on a foundation designed to minimize:</text>
        <paragraph num="(i)">
          <text>Uneven settling of the residential heating oil tank or the foundation; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Corrosion to any part of the residential heating oil tank resting on the foundation;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If installing an aboveground residential heating oil tank in an area subject to flooding, anchor the residential heating oil tank securely to prevent:</text>
      <paragraph num="(a)">
        <text>The residential heating oil tank from floating; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A spill, release or discharge of heating oil from the residential heating oil tank; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If installing an underground residential heating oil tank on or after June 13, 2022, install a storage tank that is:</text>
      <paragraph num="(a)">
        <text>UL listed for underground use or a storage tank designed and constructed for underground use in accordance with a Department-approved industry standard;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Constructed of corrosion protected steel or fiberglass reinforced plastic; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Protected from corrosion in accordance with:</text>
        <paragraph num="(i)">
          <text>NFPA 30 “Flammable and Combustible Liquids Code”; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>NFPA 31 “Standard for the Installation of Oil-Burning Equipment”.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Permanent Closure. A person shall complete all of the requirements of this section when permanently abandoning the use of heating oil as a fuel at a residential property or if removing a residential heating oil tank from a property.</text>
    <paragraph num="(1)">
      <text>Complete the permanent closure of a residential heating oil tank in accordance with PEI/RP1700-18 “Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems”.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Complete the requirements listed in §D(3) or (4) of this regulation within 30 days of the determination that a residential heating oil tank will be permanently closed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>When permanently closing a residential heating oil tank located aboveground or inside of a building:</text>
      <paragraph num="(a)">
        <text>Remove all flammable or combustible liquids from the storage tank and piping;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Dispose of all flammable and combustible liquids in accordance with federal, State, and local laws;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Remove the residential heating oil tank from the property;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Remove all piping and piping connections used for supplying heating oil between the storage tank and the heating system; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Remove all fill and vent pipes or fill the pipes with cement to prevent accidental filling.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>When permanently abandoning the use of heating oil as fuel, permanently close an underground residential heating oil tank in accordance with the closure requirements for UST systems in COMAR 26.10.10.</text>
    </paragraph>
  </paragraph>
</regulation>