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<regulation prefix="Regulation" num=".21" citation="COMAR 26.10.01.21" title_num="26" subtitle_num="10" chapter_num="01" heading="Requirements for Marine Oil Facilities.">
  <paragraph num="A.">
    <text>Response Plan.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An owner and an operator of a marine oil facility shall include in a response plan, at a minimum:</text>
      <paragraph num="(a)">
        <text>Training elements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Oil spill, release, or discharge contingency elements;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Removal equipment elements; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>All of the elements required to be included in a response plan under 33 CFR Part 154, Subpart F.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>A new Individual Oil Operations Permit; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A renewal of an Individual Oil Operations Permit.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An owner and an operator of a marine oil facility shall:</text>
      <paragraph num="(a)">
        <text>Maintain an approved response plan at the marine oil facility; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Make the approved response plan available for review upon request by the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Spill, Release, and Discharge Prevention at Marine Oil Facilities.</text>
    <paragraph num="(1)">
      <text>An owner and an operator of a marine oil facility shall institute safe fill and shutdown procedures to prevent oil spills, releases, or discharges:</text>
      <paragraph num="(a)">
        <text>During an oil transfer operation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In the event of an overfill of a storage tank.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An owner and an operator of a marine oil facility shall include in the procedures required under §B(1) of this regulation, at a minimum, the following elements:</text>
      <paragraph num="(a)">
        <text>Prior to commencing an oil transfer operation, an owner, an operator, and a person in charge of the marine oil facility confirms that the volume available in the receiving storage tank is greater than the volume of oil to be transferred;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The continuous monitoring of an oil transfer operation by manual or automatic means until the transfer of oil is complete;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A storage tank fill valve not in use during an oil transfer operation is closed and secured; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The transfer of oil only occurs into a storage tank designated to receive the oil.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Shutdown System or Alarm.</text>
      <paragraph num="(a)">
        <text>Storage tanks receiving asphalt (CAS8052424) from a tank vessel are exempt from the requirements of §B(3) of this regulation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An owner and an operator of a marine oil facility shall:</text>
        <paragraph num="(i)">
          <text>Install an automatic shutdown system on each storage tank to be used during the transfer of oil from a tank vessel that will, in the event of an overfill, direct the flow of oil to another storage tank capable of receiving the oil or shut down the pumping system; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Equip each AST used in the transfer of oil from a tank vessel with a high level alarm.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>If an AST is equipped with a high level alarm in accordance with §B(3)(b)(ii) of this regulation, an owner and an operator of a marine oil facility shall install a high level alarm that:</text>
        <paragraph num="(i)">
          <text>Consists of a device capable of visually and audibly alerting the owner and the operator of the marine oil facility of an impending storage tank overfill; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If a failure, malfunction, or power loss occurs during the transfer of oil, causes a warning light and audible signal to activate at a location in which the owner and the operator of the marine oil facility monitors or controls oil transfers at the facility.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If a high level alarm sounds, an owner and an operator of a marine oil facility shall initiate an immediate and orderly emergency shutdown of the oil transfer.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An owner and an operator of a marine oil facility using a high level alarm shall include an emergency shutdown procedure in the facility records and ensure that all facility personnel involved in the transfer operation are trained in the emergency shutdown procedure.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>An owner and an operator of a marine oil facility shall ensure that an automatic shutdown system or high level alarm system is tested:</text>
      <paragraph num="(a)">
        <text>Monthly; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Before a receipt of oil.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>An owner and an operator of a marine oil facility shall:</text>
      <paragraph num="(a)">
        <text>Maintain records of testing at the marine oil facility; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Make the records of testing available for review by a representative of the Department upon request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>