# COMAR Title 26 — Department of the Environment

## Subtitle 10 — Oil Pollution Control and Storage Tank Management

### Chapter 01 — Oil Pollution Control

**Authority:** Environment Article, §§1-101, 4-401, 4-402, 4-405, 4-407—4-412, 4-415—4-420, and 7-201 et seq.; State Government Article, §§10-206 and 10-226; Annotated Code of Maryland

**Administrative History:** Effective date: September 1, 1974 (1:1 Md. R. 33)

**Administrative History:** Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 593)

**Administrative History:** Regulation .07C amended effective September 12, 1983 (10:18 Md. R. 1607)

**Administrative History:** Regulation .07 repealed effective January 28, 1985 (12:2 Md. R. 134)

**Administrative History:** Regulations .01—.06 and .08—.13 transferred to COMAR 10.50.01 effective July 1, 1980

**Administrative History:** Regulations .01—.21 adopted effective January 28, 1985 (12:2 Md. R. 134)

**Administrative History:** Regulations .01A, B, .02C, .04A, .07A, .08A, .12A, .13, .15A, .17A, C amended effective December 28, 1987 (14:26 Md. R. 2743)

**Administrative History:** Regulations .04A, .12A, .13, .14B, C, .15, and .18B amended effective July 1, 1985 (12:13 Md. R. 1278)

**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective December 28, 1987 (14:26 Md. R. 2743)

**Administrative History:** Regulation .09 amended effective September 23, 1985 (12:19 Md. R. 1847)

**Administrative History:** Regulation .14E adopted effective August 26, 1985 (12:17 Md. R. 1702)

**Administrative History:** Regulation .22 adopted effective December 28, 1987 (14:26 Md. R. 2743)

**Administrative History:** Appendix A amended effective August 26, 1985 (12:17 Md. R. 1702)

**Administrative History:** Appendix A recodified as Regulation .23 and amended effective December 28, 1987 (14:26 Md. R. 2743)

**Administrative History:** Chapter recodified from COMAR 08.05.04 to COMAR 26.10.01

**Administrative History:** Regulation .01 amended effective January 1, 1996 (22:26 Md. R. 2031); September 7, 1998 (25:18 Md. R. 1438); February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .01-1 adopted effective January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Regulation .02D adopted effective January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Regulation .04 amended effective January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Regulation .04A amended effective April 5, 2010 (37:7 Md. R. 575)

**Administrative History:** Regulation .05 repealed effective January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Regulation .05 adopted effective February 24, 1997 (24:4 Md. R. 294)

**Administrative History:** Regulations .07, .16, and .17 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)

**Administrative History:** Regulation .07A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .08A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .09B amended effective February 4, 1991 (18:2 Md. R. 151)

**Administrative History:** Regulation .12 amended effective February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .12A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); April 5, 2010 (37:7 Md. R. 575)

**Administrative History:** Regulation .12B amended effective September 18, 1989 (16:18 Md. R. 2025); February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulations .13—.15 repealed effective February 4, 1991 (18:2 Md. R. 151)

**Administrative History:** Regulation .16 amended effective February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .17 amended effective February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .17A amended effective September 18, 1989 (16:18 Md. R. 2025)

**Administrative History:** Regulation .18B amended effective February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulation .19 repealed effective September 7, 1998 (25:18 Md. R. 1438)

**Administrative History:** Regulation .20A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

**Administrative History:** Regulations .22—.24 repealed effective February 4, 1991 (18:2 Md. R. 151)

**Administrative History:** Regulation .23 amended effective May 1, 1989 (16:8 Md. R. 911)

**Administrative History:** Regulation .24 adopted effective May 1, 1989 (16:8 Md. R. 911)

**Administrative History:** Regulations .22—.24 recodified from Regulations .25—.27 and adopted effective January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Regulations .01—.24 repealed and new Regulations .01—.24 adopted effective June 13, 2022 (49:12 Md. R. 642)

#### Regulation .01 Scope and Applicability.

*COMAR 26.10.01.01*

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.

B. Except as otherwise provided, this chapter applies to a person that:

  (1) Engages in one or more of the following activities:

    (a) The aboveground or underground storage, dispensing, or transportation of oil;

    (b) The underground storage of a hazardous substance;

    (c) The removal, storage, treatment, or transportation of oil-contaminated soil, oil sludge, oil refuse, or oil mixed with other waste;

    (d) The installation, removal, closure, or maintenance of a storage tank system; or

    (e) The management of used oil, including burning used oil as fuel;

  (2) Actively or passively participates in the spill, release, or discharge of oil or allows the spill, release, or discharge of oil; and

  (3) Owns, operates, or is the person in charge of a device, equipment, facility, or vessel used to engage or participate in one or more of the activities described under §B(1) or (2) of this regulation.

C. Exceptions.

  (1) Except for Regulations .02—.06 and .24 of this chapter, the requirements of this chapter do not apply to an owner, an operator, and a person in charge of a vessel, facility, or equipment when used in activities related to the removal of oil within a spill response area defined by a federal or State on-scene coordinator.

  (2) Except for Regulations .02—.04, and .24 of this chapter, the requirements of this chapter do not apply to an owner, an operator, and a person in charge of an underground storage tank (UST) system used for the storage of a hazardous substance.

#### Regulation .02 Definitions.

*COMAR 26.10.01.02*

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.

B. Terms Defined.

  (1) Aboveground Storage Tank (AST).

    (a) “Aboveground storage tank” means a storage tank that:

      (i) Currently stores oil;

      (ii) Previously stored oil, except for a storage tank placed out-of-service to store a non-oil product in accordance with COMAR 26.10.17 or 26.10.18;

      (iii) Has a storage capacity of greater than 250 gallons;

      (iv) Is designed to operate at pressures from atmospheric pressure to a gauge pressure of 1.0 psi (6.9 kPa) measured at the top of the storage tank;

      (v) Is constructed more than 90 percent above the surface of the ground, excluding piping; and

      (vi) May be installed in an underground vault, a basement, or a sub-surface building.

    (b) “Aboveground storage tank” does not include:

      (i) An aboveground residential heating oil tank;

      (ii) A storage tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use;

      (iii) A septic tank, surface impoundment, pit, pond, or lagoon;

      (iv) A stormwater or wastewater collection system;

      (v) A flow-through process tank;

      (vi) Oil-filled operational equipment;

      (vii) A pipeline facility, including gathering lines, regulated under 49 U.S.C. §§60101—60141, or an intrastate pipeline facility regulated under State law as provided under 49 U.S.C. §§60101—60141 and determined by the federal Secretary of Transportation to be connected to a pipeline, or operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline; and

      (viii) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

  (2) “Aggregate storage capacity” means the total oil storage capacity of all ASTs on a property.

  (3) Ancillary Equipment.

    (a) “Ancillary equipment” means a device connected to a storage tank system used to distribute, meter, or control the flow of:

      (i) Oil to and from an AST; or

      (ii) A regulated substance to and from a UST, as defined in COMAR 26.10.02.02B.

    (b) “Ancillary equipment” includes, but is not limited to, devices such as piping, fittings, flanges, valves, and pumps.

  (4) “AST system” means an AST, connected aboveground and underground piping, ancillary equipment, and appurtenances, including dispensers, loading racks, and secondary containment.

  (5) “Attended” means there is an attendant or an employee that is on duty and available to customers at a motor fuel dispensing facility.

  (6) “Barge” means a vessel not equipped with a means of self-propulsion.

  (7) “Barrel” means a measure of oil that consists of 42.0 gallons of liquid measure.

  (8) Biofuel.

    (a) “Biofuel” means a fuel that is derived from animal or plant byproducts.

    (b) “Biofuel” may include oil if the liquid meets the definition of oil under §B(47) of this regulation.

  (9) “Breakout tank” means a tank used to:

    (a) Relieve surges in an oil pipeline system; or

    (b) Receive and store oil transported by pipeline for reinjection and continued transportation by pipeline.

  (10) “Cargo level monitor system” means a system of fixed level sensing and warning devices used to gauge and to warn of changes in levels of liquid cargo during transport by tank vessel, or any other system that gauges levels and warns of changes in levels of liquid cargo that is approved by the United States Coast Guard under 33 CFR Part 157.

  (11) Cargo Tank.

    (a) “Cargo tank” means any vehicle-mounted tank used for carrying oil that has a liquid capacity greater than 110 gallons.

    (b) “Cargo tank” does not include a tank used solely for the purpose of supplying fuel for the propulsion of a vehicle.

  (12) “Cathodic protection” means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell, usually through the application of either galvanic anodes or impressed current.

  (13) “Cathodic protection tester” means a person who:

    (a) Can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and storage tank systems;

    (b) Possesses one of the following:

      (i) A valid registration or certification card issued by a recognized institution within the past 5 years; or

      (ii) Documentation signed by a professional engineer (PE) attesting to the person’s education and knowledge of cathodic protection; and

    (c) Possesses education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and storage tank systems.

  (14) “Collecting agents” means a chemical agent or other compound that can gel, congeal, herd, entrap, fix, or make an oil mass more rigid or viscous to facilitate its removal from a water surface.

  (15) “Combustible liquid” means a liquid having a closed-cup flash point at or above 100.0ºF (37.8ºC).

  (16) Containment Sump.

    (a) “Containment sump” means a liquid-tight container that protects the environment by containing spills, releases, or discharges of a regulated substance from piping, dispensers, pumps and related components in the containment area.

    (b) “Containment sump” may be single-walled or secondarily contained and located at the top of a storage tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

  (17) “Control” means the possession of power to direct or cause the direction of the actions of a person, place, or thing.

  (18) Corrosion Expert.

    (a) “Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal components of a storage tank system.

    (b) “Corrosion expert” includes:

      (i) A person who is certified by the National Association of Corrosion Engineers; or

      (ii) A registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal components of storage tank systems.

  (19) “Damages” has the meaning stated in Environment Article, §4-401(c), Annotated Code of Maryland.

  (20) “Department” means the Maryland Department of the Environment.

  (21) “Dielectric material” means a material, such as a coating, bushing, or union that does not conduct direct electrical current.

  (22) “Discharge” means the addition, introduction, leaking, spilling, or emitting of oil to waters of the State or the placement of oil in a location where it is likely to reach or pollute waters of the State.

  (23) “Dispenser” means equipment located aboveground that dispenses:

    (a) Oil from an AST system; or

    (b) A regulated substance from a UST system.

  (24) Dispenser System.

    (a) “Dispenser system” means a dispenser and the equipment necessary to connect the dispenser to a UST system.

    (b) “Dispenser system” includes a dispenser connected to a UST system using check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the UST system.

  (25) “Dispersant” means a chemical agent or another compound that can emulsify, disperse, or solubilize oil or which acts to further the surface spreading of oil to facilitate its dispersal.

  (26) “Farm tank” means a storage tank:

    (a) That does not meet the definition of a residential heating oil tank under §B(65) of this regulation;

    (b) Located on a farm property, including associated residences and improvements, or a tract of land devoted to:

      (i) Agriculture, including the production of crops and nurseries with growing operations; or

      (ii) Raising animals, including rangelands and fish hatcheries; and

    (c) Used solely in farm activities.

  (27) “Flammable liquid” means a liquid having a closed-cup flash point below 100.0ºF (37.8ºC).

  (28) “Floodplain” has the meaning stated in COMAR 26.17.04.02B.

  (29) Flow-through Process Tank.

    (a) “Flow-through process tank” means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process.

    (b) “Flow-through process tank” does not include:

      (i) Oil-filled operational equipment or a tank used for the storage of materials before their introduction into the production process; or

      (ii) Oil-filled operational equipment or a tank used for the storage of finished products or byproducts from the production process.

  (30) “Fuel oil” means a liquid petroleum product that includes, but is not limited to, the following products:

    (a) No. 1, No. 2, No. 4 – light, No. 4 – heavy, No. 5 – light, No. 5 – heavy, and No. 6 technical grades of fuel oil;

    (b) Other residual fuel oils, including Navy Special fuel oil and Bunker C;

    (c) Other fuels when used as substitutes for one of the fuel oils described in §B(30)(a) and (b) of this regulation; and

    (d) Heating oil as defined under §B(35) of this regulation.

  (31) “Fund” means the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

  (32) “Gathering lines” means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

  (33) “General Oil Operations Permit” means the authorization established under Regulation .09B of this chapter for certain categories of oil storage facilities and oil handling facilities to operate without an Individual Oil Operations Permit.

  (34) Hazardous Substance.

    (a) “Hazardous substance” has the meaning stated in §101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §9601(14).

    (b) “Hazardous substance” does not include a substance that is regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act.

  (35) “Heating oil” means a fuel oil as defined under §B(30) of this regulation that is typically used in the operation of heating equipment, boilers, or furnaces.

  (36) “Individual Oil Operations Permit” means an individual written authorization issued by the Department in accordance with Regulation .09A of this chapter describing the required performance standards for specific activities and operations of an oil storage facility or oil handling facility.

  (37) “Leak” means a loss of pressure within a storage tank system that may result in a spill, release, or discharge.

  (38) “Licensee” means a person who holds a valid Oil Transfer License from the Department in accordance with Regulation .08 of this chapter.

  (39) “Loading/unloading rack” means a fixed structure, such as a platform or gangway, having a loading or unloading arm necessary for loading or unloading a truck tank, transport, or tank car and may include any combination of the following:

    (a) Piping assemblages;

    (b) Valves;

    (c) Pumps;

    (d) Shut-off devices;

    (e) Overfill sensors; and

    (f) Personnel safety devices.

  (40) “Maintenance” means the performance of normal operational upkeep to prevent a storage tank system from spilling, releasing, or discharging a regulated substance.

  (41) Marina.

    (a) “Marina” means a facility having one or more piers, moorings or bulkheads, and marine motor fuel storage and dispensing systems for boats, vessels, and other marine watercraft used primarily for recreational purposes by the general public.

    (b) “Marina” does not include a marine oil facility.

  (42) Marine Oil Facility.

    (a) “Marine oil facility” means an on-shore or off-shore oil storage facility or oil handling facility located within waters of the State, including the Chesapeake Bay and its tributaries, used or capable of being used to transfer oil in bulk to or from a tank vessel and includes structures, equipment, and appurtenances.

    (b) “Marine oil facility” includes, if the facility is associated with a factory or power plant, only areas of the facility used for transfer of oil to or from a tank vessel.

    (c) “Marine oil facility” does not include a tank vessel or a tank barge.

  (43) “MDE” means the Maryland Department of the Environment.

  (44) “Monthly” means occurring at a frequency of once per calendar month and occurring generally 28 to 31 days between events.

  (45) Motor Fuel.

    (a) “Motor fuel” means a complex blend of hydrocarbons typically used in the operation of a motor engine or an emergency generator.

    (b) “Motor fuel” includes:

      (i) Motor gasoline, including gasohol;

      (ii) Aviation gasoline;

      (iii) No. 1 or No. 2 diesel fuel, including biodiesel fuel; and

      (iv) Any blend containing one or more of the substances listed in §B(45)(b)(i)—(iii) of this regulation.

  (46) “Motor fuel dispensing facility” means that portion of an oil storage facility where motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles, vessels, or into approved containers, including all equipment used in connection therewith.

  (47) Oil.

    (a) “Oil” means oil of any kind and in any liquid form including:

      (i) Petroleum and petroleum products;

      (ii) Petroleum byproducts;

      (iii) Light and heavy fuel oils, including fuel oils that are blended or mixed with biofuels or processed or re-refined used oil;

      (iv) Sludge containing oil or oil residues;

      (v) Oil refuse;

      (vi) Oil mixed with or added to or otherwise contaminating soil, waste, or any other liquid or solid media;

      (vii) Crude oils;

      (viii) Aviation fuels;

      (ix) Gasoline, including gasohol;

      (x) Kerosene;

      (xi) Diesel motor fuel, including biodiesel fuel, regardless of whether the fuel is petroleum based;

      (xii) Asphalt;

      (xiii) Ethanol that is intended to be used as a motor fuel or fuel source; and

      (xiv) Regardless of specific gravity, every other nonedible, nonsubstituted liquid petroleum fraction unless that fraction is specifically identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§9601 et seq.

    (b) “Oil” does not include:

      (i) Liquefied propane;

      (ii) Liquefied natural gas; or

      (iii) Any edible oils not intended to be used as a motor fuel or a fuel source.

  (48) “Oil-filled operational equipment” means equipment that includes an oil storage container or multiple containers in which the oil is present solely to support the function of the apparatus or the device, including:

    (a) Hydraulic systems;

    (b) Lubricating systems for pumps, compressors and other rotating equipment;

    (c) Gear boxes;

    (d) Machining coolant systems;

    (e) Heat transfer systems;

    (f) Transformers;

    (g) Circuit breakers;

    (h) Electrical switches; and

    (i) Other systems containing oil solely to enable the operation of the device.

  (49) “Oil handling facility” means a facility that is responsible for one or more of the following operations:

    (a) Delivery of oil by cargo tank;

    (b) Transfer of oil;

    (c) Management of used oil;

    (d) Storage and treatment of oil-contaminated soils; and

    (e) Oil sludge, oil refuse, or oil mixed with other waste solidification/stabilization.

  (50) Oil Storage Facility.

    (a) “Oil storage facility” means an installation, structure, or premises, including an aboveground or underground storage tank, in which oil has been or is stored.

    (b) “Oil storage facility” does not include:

      (i) A storage tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use; or

      (ii) A vessel.

  (51) “Operator” means a person in control of a storage tank system, oil storage facility, or oil handling facility or a person that has responsibility over the following activities for a storage tank system, oil storage facility, or oil handling facility:

    (a) Daily or periodic operation;

    (b) Installation, repair, maintenance, and testing of one or more storage tank system; or

    (c) Closure.

  (52) “Other security” means a trust fund, letter of credit, insurance, or other form of financial responsibility approved by the Department.

  (53) “Owner” means a person who:

    (a) Owns a storage tank system, oil storage facility, or oil handling facility; or

    (b) Owned a storage tank system, oil storage facility, or oil handling facility immediately before the discontinuation of its use.

  (54) “Permittee” means one of the following regulated persons:

    (a) A person holding a valid Individual Oil Operations Permit issued by the Department;

    (b) A person subject to a General Oil Operations Permit authorized by the Department; or

    (c) A person subject to a General UST System Permit authorized by the Department under COMAR 26.10.02.04.

  (55) “Person” means:

    (a) An individual;

    (b) A receiver, trustee, guardian, executor, administrator, fiduciary, trust, or representative of any kind;

    (c) A partnership, firm, joint stock company, association, public or private corporation, joint venture, commercial entity, or consortium;

    (d) The United States Government and any federal agency;

    (e) The State or a county, municipality, municipal corporation, or other political subdivision of the State, or any of their units;

    (f) A commission or any interstate body; or

    (g) Any other entity.

  (56) “Person in charge” means a person designated by an owner, an operator, or a permittee as the person with direct supervisory responsibility for:

    (a) An activity or operation at a facility, such as the transfer of oil to or from any points in the facility; or

    (b) The repair, installation, maintenance, closure, or testing of a storage tank system.

  (57) “Person responsible for the discharge” means a person that meets the criteria under Environment Article, §4-401(j), Annotated Code of Maryland and includes the owner, the operator, or the person in charge of an oil handling facility involved in the discharge at the time of or immediately before the discharge.

  (58) “Pier” means a fixed or floating dock or a wharf constructed on or over waters of the State.

  (59) “Pollution” means every contamination or alteration of the physical, chemical, or biological properties of any waters of the State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, detrimental, or injurious to:

    (a) Public health, safety, or welfare;

    (b) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

    (c) Livestock, wild animals, or birds; or

    (d) Fish or other aquatic life.

  (60) “Public vessel” means a vessel, not engaged in commerce, which is operated by the Government of the United States or a state or political subdivision or a foreign nation.

  (61) “Regulated substance” means:

    (a) A hazardous substance as defined under §B(34) of this regulation; and

    (b) Oil as defined under §B(47) of this regulation.

  (62) Regulated Substance Storage Facility.

    (a) “Regulated substance storage facility” means an installation, structure, or premises in which a regulated substance has been or is stored in one or more UST systems.

    (b) “Regulated substance storage facility” includes an underground oil storage facility

  (63) “Release” means:

    (a) A discharge as defined under §B(22) of this regulation from a storage tank system, transport, truck tank, tank barge, tank car, or pipeline;

    (b) The discharge, escaping, leaching, spilling, leaking, emitting, or disposing of a regulated substance from a UST system as defined in COMAR 26.10.02.02B into:

      (i) Groundwater, surface water, or surface or subsurface soils; or

      (ii) Secondary containment; or

    (c) The discharge, escaping, leaching, spilling, leaking, emitting, or disposing of oil from an AST system to a secondary containment dike as defined in COMAR 26.10.17.02B and 26.10.18.02B.

  (64) “Removal” means:

    (a) In response to a spill, release, or discharge, the act of abatement, containment, response, or the taking of other corrective actions as may be necessary to minimize or mitigate damage to the public health, safety, or welfare from a discharge or release or the threat of a discharge or release, including, but not limited to, public and private lands, waters of the State, and natural resources, both living and inert; and

    (b) The act of extracting a UST, underground piping, and any other components of a UST system.

  (65) “Residential heating oil tank” means an aboveground or underground storage tank that is used to store heating oil for use as a fuel in heating a single-family residential property and that meets the criteria for a heating oil tank under Environment Article, §4-401, Annotated Code of Maryland.

  (66) “Residential tank” means a storage tank used solely for noncommercial purposes and serving not more than one residence.

  (67) “Responsible party” includes:

    (a) For a discharge of oil, the person responsible for the discharge; and

    (b) For a release of a regulated substance from a UST system:

      (i) The owner of the released regulated substance;

      (ii) The owner, the operator, and the person in charge of the UST system or vehicle involved in the release of the regulated substance at the time of or immediately before the release;

      (iii) Any other person who through act of omission causes the release; and

      (iv) A person that meets the criteria of a responsible person under Environment Article, §7-201(t), Annotated Code of Maryland.

  (68) “Secondary containment” means an Underwriters Laboratories LLC (UL) listed or Department-approved system that:

    (a) Prevents a release to the environment by containing a regulated substance released from the primary storage tank or piping until the regulated substance is detected and removed; and

    (b) Detects a release by meeting the requirements of COMAR 26.10.05.05G.

  (69) “Secretary” means the Secretary of the Environment or the Secretary’s designee.

  (70) “Sinking agent” means a chemical agent or other compound that can physically sink oil below the water surface.

  (71) “Solidification/stabilization” means a treatment process that involves combining oil sludge, oil refuse, or oil mixed with other waste with a non-hazardous substance to solidify or eliminate liquid traits of the oil sludge, oil refuse, or oil mixed with other waste.

  (72) “Sorbent” means a substance or material that takes up and holds oil by either adsorption or absorption.

  (73) “Special flood hazard area” or “area of special flood hazard” has the meaning stated in 44 CFR §59.1.

  (74) “Spill” means a release as defined in §B(63) of this regulation.

  (75) Spill Catchment Basin.

    (a) “Spill catchment basin” means a liquid tight container, which may be single-walled or double-walled, that has a minimum capacity of 5 gallons and is installed on the fill pipe riser, remote fill pipe, and Stage I vapor recovery connections.

    (b) “Spill catchment basin” includes a spill bucket.

  (76) “Spill Prevention, Control, and Countermeasure (SPCC) Plan” means the document required under 40 CFR §112.3 that details the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a spill, release, or discharge.

  (77) “State” means the State of Maryland.

  (78) “Storage capacity” means the primary shell capacity of a storage tank.

  (79) “Storage tank” means a stationary device:

    (a) Designed to contain an accumulation of oil either aboveground or underground, or an accumulation of hazardous substances underground; and

    (b) Constructed of nonearthen materials such as concrete, steel, fiberglass, and plastic, that provide structural support.

  (80) “Storage tank system” means a storage tank, connected piping, ancillary equipment and appurtenances, including dispensers and secondary containment.

  (81) “Tank barge” means a tank vessel not equipped with a means of self-propulsion.

  (82) “Tank car” means a cargo tank that is moved by locomotive power along a railroad system.

  (83) Tank Vessel.

    (a) “Tank vessel” means a vessel constructed or adapted to carry oil, or that carries oil in bulk as cargo, in a quantity of 300 gallons or more and does not carry the oil for self-propulsion.

    (b) “Tank vessel” does not include any vessel dedicated to, and engaged only in, oil removal-related activities, including training or drills.

  (84) “Tank vessel operator” means a person responsible for the operation of a tank vessel and includes, but is not limited to, the owner or a person who charters the tank vessel by demise.

  (85) “Transfer” means the loading or unloading of oil in the State from or to any tank vessel, tank barge, transport, truck tank, tank car, pipeline, or any other means used for transporting oil.

  (86) “Transfer area” means an area of an oil storage facility or oil handling facility, other than a loading/unloading rack, where oil is transferred to or from a tank car.

  (87) “Transport” means a vehicle used for the transportation of oil and equipped with a cargo tank or vacuum tank having a fifth wheel connection such that part of its load and weight rests upon the towing vehicle.

  (88) “Transporting” means the movement of oil or storage of oil by tank vessel, transport, truck tank, tank barge, tank car, or pipeline, or any other means used for transporting oil, and includes the transfer of oil.

  (89) “Truck tank” means a self-propelled motor vehicle used for the transportation of oil and equipped with a permanently mounted cargo tank or vacuum tank.

  (90) “Ullage” means the volume above the liquid in a storage tank as calculated by subtracting the gross volume of liquid in the storage tank from the maximum capacity of the storage tank, as listed on the applicable tank chart.

  (91) “Unattended” means there is no attendant or employee that is on duty and available to customers at a motor fuel dispensing facility.

  (92) “USCG” means the United States Coast Guard.

  (93) “Used oil” means any petroleum-based oil or synthetic oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

  (94) “USEPA” means the United States Environmental Protection Agency.

  (95) “Vessel” means every watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the waters of the State.

  (96) “Waters of the State” includes:

    (a) Both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State;

    (b) The Chesapeake Bay and its tributaries;

    (c) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

    (d) The floodplain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.

#### Regulation .03 Incorporation by Reference.

*COMAR 26.10.01.03*

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).

B. In this subtitle, the following documents published by the National Association of Corrosion Engineers (NACE) are incorporated by reference:

  (1) Control of External Corrosion on Underground or Submerged Metallic Piping Systems (NACE SP0169-2013, Approved April 1969, Revised October 2013);

  (2) Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (NACE SP0193-2016, Approved October 1993, Revised February 2016);

  (3) Corrosion Control of Underground Storage Tank Systems by Cathodic Protection (NACE SP0285-2011, Approved March 1985, Revised March 2011);

  (4) Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems (NACE Standard TM0101-2012, Approved November 2001, Revised March 2012); and

  (5) Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems (NACE TM0497-2018, Approved September 2018).

C. In this subtitle, the following documents published by the National Fire Protection Association (NFPA) are incorporated by reference:

  (1) Flammable and Combustible Liquids Code (NFPA 30, 2021 Edition);

  (2) Code for Motor Fuel Dispensing Facilities and Repair Garages (NFPA 30A, 2021 Edition);

  (3) Standard for the Installation of Oil-Burning Equipment (NFPA 31, 2020 Edition);

  (4) National Electrical Code (NFPA 70, 2020 Edition);

  (5) Standard for Tank Vehicles for Flammable and Combustible Liquids (NFPA 385, 2017 Edition); and

  (6) Standard System for the Identification of the Hazards of Materials for Emergency Response (NFPA 704, 2022 Edition).

D. In this subtitle, the following documents published by the Petroleum Equipment Institute (PEI) are incorporated by reference:

  (1) Recommended Practices for Installation of Underground Liquid Storage Systems (PEI/RP100-20, 2020 Edition);

  (2) Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling (PEI/RP200-19, 2019 Edition);

  (3) Recommended Practices for Overfill Prevention for Shop-Fabricated Aboveground Tanks (PEI/RP600-18, 2018 Edition);

  (4) Recommended Practices for Installation of Bulk Storage Plants (PEI/RP800-20, 2020 Edition);

  (5) Recommended Practices for the Inspection and Maintenance of UST Systems (PEI/RP900-17, 2017 Edition);

  (6) Recommended Practices for the Installation of Marina Fueling Systems (PEI/RP1000-14, 2014 Edition);

  (7) Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (PEI/RP1200-19, 2019 Edition); and

  (8) Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems (PEI/RP1700-18, 2018 Edition).

E. In this subtitle, the following documents published by Steel Tank Institute/Steel Plate Fabricators Association (STI/SPFA) are incorporated by reference:

  (1) Standard for the Inspection of Aboveground Storage Tanks (STI/SPFA SP001, 6th Edition, January 2018);

  (2) Cathodic Protection Testing Procedures for sti-P3 USTs (STI/SPFA R051, Revised April 2017); and

  (3) Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs (STI/SFPA R972, Revised December 2010).

F. In this subtitle, the following documents published by UL are incorporated by reference:

  (1) Standard for Safety, Steel Aboveground Tanks for Flammable and Combustible Liquids (UL 142, 10th Edition, May 2019, Revised January 2021); and

  (2) Standard for Safety, Special Purpose Aboveground Tanks for Specific Flammable or Combustible Liquids (UL 142A, 1st Edition, May 2018, Revised January 2021).

G. In this subtitle, USEPA Doing Inventory Control Right for Underground Storage Tanks (USEPA 510-B-93-004, November 1993) is incorporated by reference.

H. In this subtitle, the following test methods as published in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods Compendium” (USEPA SW-846, 3rd Edition) are incorporated by reference:

  (1) USEPA Test Method 1311 — Toxicity Characteristic Leaching Procedure (July 1992, Revision 0);

  (2) USEPA Test Method 8015C — Nonhalogenated Organics by Gas Chromatography (February 2007, Revision 3);

  (3) USEPA Test Method 8082A — Polychlorinated Biphenyls (PCBs) by Gas Chromatography (February 2007, Revision 1); and

  (4) USEPA Test Method 8260D — Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (June 2018, Revision 4).

I. In this subtitle, the following test methods as published in “Selected Analytical Methods for Environmental Remediation and Recovery (SAM) 2017” (USEPA/600/R-17/356, 2017) are incorporated by reference:

  (1) USEPA Test Method 524.2 — Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry (1995 Edition, Revision 4.1); and

  (2) USEPA Test Method 8015D — Nonhalogenated Organics Using GC/FID (June 2003, Revision 4).

#### Regulation .04 General Provisions and Specifically Prohibited Acts.

*COMAR 26.10.01.04*

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.

C. General Restrictions. A person subject to the requirements of this chapter, as defined in Regulation .01B of this chapter, may not engage in an activity or operation in a manner likely to:

  (1) Create a nuisance;

  (2) Create air pollution;

  (3) Cause a discharge of pollutants to waters of this State, except in accordance with a valid permit issued by the Department under Environment Article, §9-323, Annotated Code of Maryland;

  (4) Impair the quality of the environment; or

  (5) Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department.

D. Specifically Prohibited Acts.

  (1) Prohibition Against Hazardous Substance Releases.

    (a) A person may not cause a release of a hazardous substance.

    (b) A person violating §D(1)(a) of this regulation is subject to:

      (i) Any applicable sanctions under Environment Article, Title 7, Subtitle 2, Part VIII, Annotated Code of Maryland;

      (ii) The modification, suspension, or revocation of a permit issued under the provisions of COMAR 26.10.02.04; and

      (iii) The Hazardous Substance Response Action Plan requirements under Environment Article, §7-222, Annotated Code of Maryland and COMAR 26.14.01 and 26.14.02.

  (2) Prohibition Against Oil Pollution.

    (a) A person may not pump, spill, release, discharge, throw, drain, deposit, or cause to be deposited oil or other matter containing oil into, near, or in an area likely to pollute waters of the State.

    (b) A person may not pump, spill, release, discharge, deposit or cause to be deposited bilge or ballast water or water from any receptacle containing oil in a manner by which oil may escape into, or in an area likely to pollute, waters of the State.

    (c) A person violating §D(2)(a) or (b) of this regulation is subject to:

      (i) Sanctions under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland;

      (ii) The modification, suspension, or revocation of a license or permit issued under the provisions of this subtitle; and

      (iii) Any other sanctions provided under law.

    (d) The Department may exempt a person from §D(2)(a) and (b) of this regulation if:

      (i) There is an emergency imperiling life or property, an unavoidable accident, a collision, or stranding; or

      (ii) The person is authorized by the Department to remove an oil discharge from waters of the State.

  (3) False Statements. A person may not knowingly make a false statement, representation, or certification to the Department in any application, record, report, plan, or other document filed or required to be maintained under this subtitle.

  (4) Tampering with Monitoring Devices. A person may not falsify, tamper with, or knowingly render inaccurate a monitoring device or method required to be maintained under this subtitle.

E. Wetlands and Waterways.

  (1) A person may not install, construct, or extend a storage tank, storage tank system, oil storage facility, oil handling facility, or regulated substance storage facility in the following locations unless the person obtains all of the applicable authorizations listed in §E(2) of this regulation:

    (a) A special flood hazard area;

    (b) A tidal or nontidal wetland;

    (c) A nontidal wetland buffer; or

    (d) A 100-year floodplain of free-flowing waters, as described under Regulation .02B(96)(d) of this chapter.

  (2) A person installing, constructing, or extending a storage tank, storage tank system, oil storage facility, oil handling facility, or regulated substance storage facility in one of the areas listed in §E(1) of this regulation shall first obtain:

    (a) The applicable authorizations issued under Environment Article, Title 5 or 16, Annotated Code of Maryland and COMAR 23.02.04, 26.17.04, 26.23.02, 26.23.03, 26.24.02, or 26.24.03; and

    (b) If required under 33 U.S.C §1341(a), a Water Quality Certification issued by the Department in accordance with 33 U.S.C §1341, 40 CFR Part 121, and COMAR 26.08.02.10.

#### Regulation .05 Reporting an Oil Spill, Release, or Discharge.

*COMAR 26.10.01.05*

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.

B. A person reporting an oil spill, release, or discharge to the Department shall include in the report all of the following information:

  (1) Time and date of the spill, release, or discharge;

  (2) Location and cause of the spill, release, or discharge;

  (3) Mode of transportation or type of facility involved;

  (4) Type and quantity of oil spilled, released, or discharged;

  (5) Assistance required;

  (6) Name, address, and telephone number of the person making the report; and

  (7) Any other pertinent information requested by the Department.

C. The authority to grant a person responsible for the discharge clearance to leave the scene of a spill, release, or discharge is designated as follows:

  (1) A representative of the Department may grant any person responsible for the discharge clearance to leave the scene either by telephone or in-person at the scene;

  (2) Without first giving notice to and receiving approval from the Department, a representative of any Maryland emergency fire and rescue service or any State, county, or local police officer on the scene may grant a person responsible for the discharge clearance to leave the scene to a person that is responsible for a discharge of less than 250 gallons; and

  (3) After giving notice to and receiving approval from the Department, a representative of any Maryland emergency fire and rescue service or any State, county, or local police officer on the scene may grant a person responsible for the discharge clearance to leave the scene to a person that is responsible for a discharge of more than 250 gallons.

D. Before granting a person responsible for the discharge clearance to leave the scene, the designated official shall obtain the person’s name, address, and telephone number as well as information on how the spill, release, or discharge occurred.

E. Written Report of the Occurrence.

  (1) A person responsible for the discharge shall submit a written report of the occurrence in accordance with the requirements of this section if:

    (a) 5 gallons or more of oil was spilled, released, or discharged;

    (b) Oil was discharged to waters of the State, regardless of the amount of oil spilled, released, or discharged; or

    (c) Directed by the Department to submit a written report of the occurrence.

  (2) Within ten working days, or as directed by the Department, after completion of removal work required under Regulation .06 of this chapter, a person responsible for the discharge shall prepare a written report of the occurrence and promptly submit the report to the Department.

  (3) A person responsible for the discharge shall prepare the written report of the occurrence on company letterhead and include all of the following information:

    (a) Date, time, and place of the spill, release, or discharge;

    (b) Amount and type of oil spilled, released, or discharged;

    (c) A complete description of circumstances contributing to the spill, release, or discharge;

    (d) A complete description of the containment and removal operations performed, including disposal sites to which oil refuse was transported;

    (e) Procedures, methods, and precautions instituted to prevent recurrence of an oil spill, release, or discharge from the facility involved;

    (f) Any other information considered necessary or required by the Department for a complete description of the incident; and

    (g) A certification that the information provided is true and correct to the knowledge of the person signing the report.

#### Regulation .06 Removal of an Oil Spill, Release, or Discharge.

*COMAR 26.10.01.06*

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.

B. A person’s responsibility under §A of this regulation shall continue until removal of the spill, release, or discharge or threat of a spill, release, or discharge has been accomplished to the satisfaction of the Department.

C. A person shall accomplish the removal of oil by physical or mechanical means such as the use of skimming devices or vacuum systems, by the use of inert sorbent material, or by any other method specifically approved by the Department.

D. If sorbent material is employed, a person shall remove and dispose of the sorbent material in accordance with all federal, State, and local requirements.

E. A person may not use collecting agents, dispersants, or sinking agents except when authorized in writing by the Department.

F. Unless the appropriate federal official is directing the removal, the Department shall assume control of any spill, release, or discharge incident when the Department determines that a person responsible for the discharge is:

  (1) Not acting promptly to perform the removal of the spill, release, or discharge; or

  (2) Not completing the removal in a manner that controls or rectifies the conditions constituting an emergency or hazard.

G. A person shall perform removal activities that are:

  (1) Consistent with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland; and

  (2) Not prohibited under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, the National Contingency Plan, or the directions of a Departmental or federal on-scene coordinator.

#### Regulation .07 Site Status Letters.

*COMAR 26.10.01.07*

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.

D. Removal Suspension Letter.

  (1) Unless otherwise provided under §F of this regulation, the Department shall issue, upon request, a removal suspension letter if the Department determines that no further treatment of soil, groundwater or surface water is required for a specific spill, release, or discharge undergoing corrective action in accordance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .06 of this chapter, or COMAR 26.10.09.

  (2) After receiving a removal suspension letter, a person responsible for the discharge or a person performing a removal shall continue to monitor a site as may be required by the Department.

  (3) If a removal suspension letter is issued, the letter is applicable to any transferee of title, successor or assignee of a person responsible for the discharge, or any other person who performed a removal.

E. Final Closure Letter.

  (1) Unless otherwise provided under §F of this regulation, the Department shall issue a final closure letter after the Department determines that a site where a spill, release, or discharge of oil occurred is in compliance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .06 of this chapter, or COMAR 26.10.09.

  (2) The Department shall state in a final closure letter that a person responsible for the discharge or a person performing a removal is released from any additional corrective action under this subtitle regarding a spill, release, or discharge, except in those circumstances described under §F of this regulation.

  (3) A final closure letter is applicable to any transferee of title, successor or assignee of a person responsible for the discharge, or any other person who performed a removal.

F. The Department may require a person responsible for the discharge or a person performing a removal to take further remedial action at a site subject to a letter issued under §§B—E of this regulation if the Department determines that:

  (1) There is a threat to public health, safety, or welfare or the environment;

  (2) A spill, release, or discharge recurs as free phase oil product;

  (3) A letter issued under §D or E of this regulation was obtained through fraud or misrepresentation; or

  (4) A new or previously undiscovered spill, release, or discharge of oil requires a corrective action under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland or the provisions of COMAR 26.10.

G. A purchaser of an oil-contaminated property may not be considered a person responsible for the discharge solely as a result of the purchase of the property, unless the purchaser meets the criteria for a person responsible for the discharge under Regulation .02B of this chapter.

#### Regulation .08 Oil Transfer License.

*COMAR 26.10.01.08*

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.

C. License Effective Period. An Oil Transfer License issued by the Department has an effective period of 5 years, unless the license is:

  (1) Surrendered, suspended, revoked, or otherwise terminated by the Department; or

  (2) Issued by the Department, with reasons stated, with an effective period of less than 5 years.

D. License Renewal.

  (1) In addition to satisfying the requirements under §B of this regulation, a licensee applying to renew an Oil Transfer License may not have any tax liabilities with the Comptroller of Maryland.

  (2) When a tax liability is identified, the licensee will be notified by the Department and the license renewal process will stop until the liability is resolved.

  (3) The licensee shall determine the cause of the tax liability and notify the Department in writing when the liability is resolved.

E. License Cancellation. A licensee that determines they no longer require an Oil Transfer License shall notify the Department in writing within 60 days of making the determination.

F. Oil Transfer Fee.

  (1) The Department shall impose a fee on each barrel of oil transferred in the State, with the fee assessed only once at the first point of transfer in the State.

  (2) The fee amount is established under Environment Article, §4-411, Annotated Code of Maryland.

  (3) The licensee that offloads or onloads oil at the first point of transfer in the State is responsible for paying the fee.

  (4) A licensee shall pay the fee on a quarterly basis to the Department not later than the following due dates or, if the payment is received by the Department after a due date, postmarked two days before the following due dates:

    (a) First Quarter (July, August, September) — October 31;

    (b) Second Quarter (October, November, December) — January 31;

    (c) Third Quarter (January, February, March) — April 30; and

    (d) Fourth Quarter (April, May, June) — July 31.

G. Reports Required. A licensee, including one that does not transfer oil during one or more quarters identified in §F of this regulation, shall:

  (1) Report to the Department the barrels of oil transferred each quarter on forms provided by the Department; and

  (2) Submit the completed forms with the fee payment to the Department in accordance with §F of this regulation.

H. The transfer of the following products are exempt from the oil transfer fee and reporting requirements:

  (1) Oil in containers of less than 100 gallons capacity; and

  (2) Oil products not listed under §I of this regulation.

I. The following oil and petroleum products are subject to the license fee:

  (1) Gasoline;

  (2) Gasohol, including:

    (a) Alcohols denatured with oil; and

    (b) Ethanol that is intended to be used as a motor fuel or fuel source;

  (3) Kerosene;

  (4) Aviation fuels;

  (5) Diesel motor fuel, including biodiesel fuel, regardless of whether the fuel is petroleum based;

  (6) Heating oil;

  (7) Fuel oils, including fuel oil that is blended or mixed with:

    (a) Biofuels; or

    (b) Processed or re-refined used oil;

  (8) Liquid asphalts;

  (9) Hydraulic oils;

  (10) Lubricating oils; and

  (11) Crude oil.

J. Audits.

  (1) The Department may perform audits of a report, required under §G of this regulation, submitted by a licensee to ensure the licensee is reporting properly and completely.

  (2) Upon the request of the Department, a licensee shall provide records to the Department during an audit in accordance with Regulation .20 of this chapter.

K. Failure to Submit Oil Transfer Fee Payments and Reports.

  (1) If a licensee fails to submit an oil transfer fee payment and accompanying report to the Department for a given quarter, the Department shall determine the amount of oil transfer fee due using available information and provide notice of this determination to the licensee liable for payment of the oil transfer fee.

  (2) A licensee shall have an opportunity for a contested case hearing if the licensee files a written request with the Department within 30 calendar days of receiving a notice of determination issued under §K(1) of this regulation.

  (3) A determination made in accordance with §K(1) of this regulation is considered final, unless:

    (a) The licensee liable for the oil transfer fee payment requests a hearing in accordance with §K(2) of this regulation; or

    (b) The Department, on its own, redetermines the oil transfer fee amount owed by the licensee liable for the oil transfer fee payment.

  (4) The Department shall conduct a contested case hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

#### Regulation .09 Oil Operations Permits.

*COMAR 26.10.01.09*

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.

  (2) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to have an Individual Oil Operations Permit shall comply with the following provisions of COMAR 26.10:

    (a) Regulations .04—.06 of this chapter and COMAR 26.10.08 and 26.10.09 when a suspected or confirmed spill, release, or discharge occurs;

    (b) Regulations .03, .04, .10—.12, .19, and .24 of this chapter;

    (c) For an aboveground oil storage facility:

      (i) Regulations .18, .20, and .21 of this chapter;

      (ii) If the facility is located at a marina, Regulation .14 of this chapter;

      (iii) If the facility manages used oil, COMAR 26.10.15;

      (iv) If the facility has shop-fabricated ASTs, COMAR 26.10.17;

      (v) If the facility has field-erected ASTs, COMAR 26.10.18;

      (vi) If the facility has underground piping connected to an AST, COMAR 26.10.03.02 and 26.10.05.02D; and

      (vii) COMAR 26.10.10, which specifies the closure requirements for underground piping connected to an AST;

    (d) If the facility conducts deliveries or transfers of oil using a truck tank or transport, Regulations .16 and .17 of this chapter;

    (e) The oil transfer requirements in Regulation .18 of this chapter;

    (f) For an oil-contaminated soil facility, COMAR 26.10.13; and

    (g) For an oil solidification/stabilization facility, Regulation .15 of this chapter.

B. General Oil Operations Permit by Rule.

  (1) Unless required to obtain an Individual Oil Operations Permit under §A(1) of this regulation, an owner, an operator, and a person in charge of one of the following oil storage facilities or oil handling facilities is permitted by the Department to operate provided the conditions specified in this section are met:

    (a) An oil storage facility or oil handling facility with an aggregate storage capacity of less than 10,000 gallons;

    (b) An oil storage facility or oil handling facility involved in the handling, reuse, processing, re-refining, or disposal of used oil with an aggregate storage capacity of less than 1,000 gallons of used oil; and

    (c) 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 less than 500 gallons; and

      (ii) To or from any point within the State, including deliveries from out-of-State facilities.

  (2) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility permitted to operate under a General Oil Operations Permit shall comply with the following provisions of COMAR 26.10:

    (a) Regulations .04—.06 of this chapter and COMAR 26.10.08 and 26.10.09 when a suspected or confirmed spill, release, or discharge occurs;

    (b) Regulations .03, .04, .10, .12, .19, and .24 of this chapter;

    (c) If the facility has underground piping connected to an AST, COMAR 26.10.03.02 and 26.10.05.02D;

    (d) If the facility has shop-fabricated ASTs, COMAR 26.10.17;

    (e) If the facility has field-erected ASTs, COMAR 26.10.18;

    (f) If the facility manages used oil, COMAR 26.10.15; and

    (g) If the facility conducts oil deliveries or transfers using a truck tank or transport, Regulations .16 and .17 of this chapter.

#### Regulation .10 Registration of AST Systems.

*COMAR 26.10.01.10*

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.

  (2) To address a special circumstance at a facility, the Department may approve a written request for an exemption from the AST system registration requirement under §B of this regulation submitted by an owner, an operator, or a person in charge of an oil storage facility or oil handling facility otherwise required to register an AST system with the Department.

B. Registration Requirement.

  (1) Except as provided under §A of this regulation, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility:

    (a) Shall register, and maintain current registration of, each AST system located at the facility with the Department; and

    (b) May not allow the receipt of oil to, or selling or dispensing of oil from, an AST system not registered with the Department.

  (2) Prior to selling or transferring ownership of an oil storage facility or oil handling facility or an AST system intended to be used by a purchaser or transferee for the storage of oil in Maryland, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to register an AST system under §B(1) of this regulation shall:

    (a) Inform the purchaser or transferee of the registration requirements under this regulation; and

    (b) If an oil storage facility or oil handling facility described under §D of this regulation, provide the purchaser or transferee with a copy of the current registration form.

C. Facility with an Individual Oil Operations Permit. 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 register and maintain registration of each AST system located at the facility:

  (1) As part of the application process for a new or renewal Individual Oil Operations Permit in accordance with Regulation .11 of this chapter; and

  (2) If required under Regulation .12B of this chapter, by requesting a modification of an effective Individual Oil Operations Permit.

D. Facility with a General Oil Operations Permit. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility with an aggregate storage capacity of greater than 2,500 gallons that operates under a General Oil Operations Permit, as required under Regulation .09B of this chapter, shall register and maintain registration for each AST system located at the facility in accordance with the registration procedures of this section.

  (1) Registration Form. An owner, an operator, or a person in charge of an oil storage facility or oil handling facility:

    (a) Shall register or amend the registration for each AST system located at the facility using a registration form provided by the Department;

    (b) May use one registration form to register multiple AST systems at a single facility;

    (c) May not use one registration form to register multiple AST systems located at more than one facility;

    (d) Shall provide all of the required information on the registration form, including information unchanged since the last registration form was submitted to the Department for the AST system; and

    (e) Shall sign and date each registration form submitted to the Department.

  (2) Registration Schedule. An owner, an operator, or a person in charge of an oil storage facility or oil handling facility shall:

    (a) Register an AST system with the Department in accordance with the following schedule:

      (i) If the AST system is installed on or after June 13, 2022, within 30 days of installing the AST system; and

      (ii) If the AST system was installed before June 13, 2022, not later than 18 months after June 13, 2022; and

    (b) Submit an amended registration form to the Department within 30 days of one or more of the following changes to an AST system or an oil storage facility or oil handling facility:

      (i) The sale, transfer of ownership, or change in ownership structure;

      (ii) A change in the oil product stored in the AST system;

      (iii) A change in status of the AST system from or to in-service, permanently closed or out-of-service, including a change-in-service to store a non-oil product in the AST system; or

      (iv) The installation of a new or replacement AST system at the facility.

  (3) Recordkeeping. An owner, an operator, or a person in charge of an oil storage facility or oil handling facility shall:

    (a) Maintain a copy of each complete AST system registration form at the oil storage facility or oil handling facility; and

    (b) Make a copy of a complete AST system registration form available upon request by the Department.

#### Regulation .11 Requirements for the Application and Issuance of an Individual Oil Operations Permit.

*COMAR 26.10.01.11*

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.

B. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall submit the following additional documentation with the forms required under §A of this regulation to the Department:

  (1) Satisfactory evidence that the oil storage facility or oil handling facility is in compliance with all applicable county zoning and land use requirements;

  (2) Proof of Workers’ Compensation Insurance or, if not required, a certificate of compliance with the Maryland Workers’ Compensation Act;

  (3) If the oil storage facility or oil handling facility is used in the operation of a commercial or business entity, certification and proof that:

    (a) The owner has registered the commercial or business entity with the Maryland Department of Assessments and Taxation; and

    (b) The commercial or business entity is in good standing with the State at the time the application for an Individual Oil Operations Permit is submitted; and

  (4) If a marine oil facility, an updated response plan in accordance with Regulation .21A of this chapter when requested by the Department.

C. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall include in the plan for notification, containment, and removal required under §A of this regulation the following information to address containment and removal operations for an oil spill, release, or discharge:

  (1) A list of names and telephone numbers of individuals to be notified in the event of an oil spill, release, or discharge at the facility;

  (2) Provisions for quick control of an oil spill, release, or discharge, including personnel assignments, equipment and personnel locations, and procedures necessary to obtain equipment and materials;

  (3) A list of contractors, equipment, and disposal facilities that may be used for containment and removal;

  (4) Confirmation the facility has an up-to-date federal SPCC Plan; and

  (5) Additional information as requested by the Department.

D. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall submit the documents required in §§A—C of this regulation to the Department not later than 60 days prior to:

  (1) A new oil storage facility receiving, selling, or dispensing oil; or

  (2) A new oil handling facility initiating oil operations.

E. Renewal. A permittee shall submit an application for the renewal of an Individual Oil Operations Permit in accordance with §§A—C of this regulation not later than 60 days before the expiration of the Individual Oil Operations Permit.

F. Registration of an AST System. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required under Regulation .10 of this chapter to register each AST system located at the facility shall comply with the registration requirement by submitting a complete permit application in accordance with §§A—C of this regulation.

G. When issuing an Individual Oil Operations Permit, the Department shall:

  (1) Review an application for an Individual Oil Operations Permit submitted by an owner, an operator, and a person in charge of an oil storage facility or oil handling facility completed in accordance §§A—C of this regulation;

  (2) Inspect each oil storage facility or oil handling facility for which the application was submitted, except for:

    (a) Truck tank and transport facilities having no AST systems; and

    (b) Out-of-State oil delivery facilities; and

  (3) Issue an Individual Oil Operations Permit to the applicant if the Department determines that:

    (a) The applicable requirements of COMAR 26.10 can be met;

    (b) A facility is properly and adequately equipped to prevent oil pollution, and to contain and remove oil spills, releases, and discharges;

    (c) A person in charge of a facility has the capability to handle the oil in accordance with the applicable requirements of COMAR 26.10; and

    (d) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility has:

      (i) No tax liabilities with the Maryland Comptroller’s Office;

      (ii) Submitted to the Department satisfactory evidence that the oil storage facility or oil handling facility is in compliance with all applicable county zoning and land use requirements;

      (iii) Provided proof that Workers’ Compensation Insurance requirements have been satisfied; and

      (iv) Provided proof that the person is registered with the Maryland Department of Assessments and Taxation and is in good standing with the State.

H. Permit Effective Period. An Individual Oil Operations Permit issued by the Department has an effective period of 5 years, unless the permit is:

  (1) Surrendered, suspended, revoked, or otherwise terminated by the Department; or

  (2) Issued by the Department, with reasons stated, with an effective period of less than 5 years.

#### Regulation .12 Conditions for the Denial, Suspension, Revocation, and Modification of an Oil Transfer License or Oil Operations Permit.

*COMAR 26.10.01.12*

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.

  (2) Once the Department denies a person’s application to renew an Oil Transfer License or suspends or revokes a person’s Oil Transfer License, the person shall cease activities authorized under the license in a manner determined by the Department.

  (3) The filing of a hearing request made in accordance with §D of this regulation does not stay the Department’s decision to deny, revoke, or suspend an Oil Transfer License.

B. Individual Oil Operations Permit.

  (1) Denial, Suspension, or Revocation.

    (a) The Department may deny a person’s application for an Individual Oil Operations Permit or suspend or revoke a permittee’s Individual Oil Operations Permit if the Department determines that:

      (i) A violation of a provision of an Individual Oil Operations Permit or other applicable federal, State, or local requirements related to oil pollution has occurred;

      (ii) A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

      (iii) False or inaccurate information or data was provided in an application for an Individual Oil Operations Permit or any other document submitted to the Department under the terms and conditions of an Individual Oil Operations Permit;

      (iv) The permittee has failed to report to the Department a substantial change that requires a permit modification under §B(2) of this regulation;

      (v) Issuance of an Individual Oil Operations Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

      (vi) Any other good cause exists for denying an application for an Individual Oil Operations Permit or suspending or revoking an Individual Oil Operations Permit.

    (b) Once the Department denies a person’s application to renew an Individual Oil Operations Permit or suspends or revokes a person’s Individual Oil Operations Permit, the person shall cease activities authorized under the permit in a manner determined by the Department.

  (2) Modification.

    (a) The Department may modify an Individual Oil Operations Permit as necessary to carry out the intent and purpose of COMAR 26.10 and a permittee may submit to the Department a request to modify an Individual Oil Operations Permit to implement a substantial change listed in §B(2)(b) of this regulation.

    (b) Before implementing a change, a permittee shall submit a request to the Department to modify an Individual Oil Operations Permit for one or more of the following substantial changes in either the size or scope of the permitted oil operation or in the information provided to the Department in the permit application:

      (i) The sale, transfer of ownership, or change in ownership structure of the AST system or the oil storage facility or oil handling facility;

      (ii) The installation or removal of an AST system at the oil storage facility or oil handling facility;

      (iii) A change in the methods, processes, or operations for the treatment of oil-contaminated soil;

      (iv) A change in methods, processes, or operations used for the solidification/stabilization of oil sludge, oil refuse, or oil mixed with other waste;

      (v) The addition of, or a change in the type of, secondary containment or diking used as containment for an AST system, loading/unloading rack, or transfer area at an oil storage facility or oil handling facility;

      (vi) A change in the type of oil stored in an AST system;

      (vii) The installation or removal of underground piping associated with an AST system;

      (viii) A change in status of the AST system from or to in-service, permanently closed or out-of-service, including a change-in-service to store a non-oil product in the AST system; and

      (ix) Upon notification by the Department, a change determined by the Department to constitute a substantial change in either the size or scope of the permitted oil operation or in the information provided to the Department in the permit application.

    (c) A permittee requesting a modification of an Individual Oil Operational Permit shall submit to the Department a request in writing on company letterhead and signed by the permittee.

    (d) The Department may deny a permittee’s request to modify an Individual Oil Operations Permit for the reasons provided under §B(1) of this regulation.

C. General Oil Operations Permit.

  (1) The Department may suspend or revoke a permittee’s authorization to operate under a General Oil Operations Permit as provided under Regulation .09B of this chapter if the Department determines that:

    (a) A violation of a condition specified under Regulation .09B of this chapter under which the permittee is required to comply with in the operation an oil storage facility or oil handling facility has occurred;

    (b) A violation of an applicable federal, State, or local requirement related to oil pollution has occurred;

    (c) A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

    (d) False or inaccurate information or data was provided in a document required to be submitted to the Department under Regulation .09B of this chapter;

    (e) A permittee’s continued operation of an oil storage facility or oil handling facility under the General Oil Operations Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

    (f) Any other good cause exists for suspending or revoking the authorization provided under Regulation .09B of this chapter.

  (2) Once the Department suspends or revokes a person’s authorization to operate under a General Oil Operations Permit, the person shall cease activities permitted under the suspended or revoked General Oil Operations Permit in a manner determined by the Department.

D. Contested Case Hearings.

  (1) A person whose application for an Oil Transfer License was denied or a person with a suspended or revoked Oil Transfer License shall have an opportunity for a contested case hearing if the person files a written request with the Department not later than 30 calendar days after receiving a notice of the Department’s decision to deny an application for the Oil Transfer License or to suspend or revoke the Oil Transfer License.

  (2) Unless a person notified of the Department’s licensing decision makes a timely request for a contested case hearing in accordance with §D(1) of this regulation, the decision is final.

  (3) The Department shall conduct a hearing in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. A person aggrieved by a permit or order issued by the Department under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland and the provisions of this chapter may obtain immediate judicial review under State Government Article, §§10-222 and 10-223, Annotated Code of Maryland and the Maryland Rules.

#### Regulation .13 Residential Heating Oil Tanks.

*COMAR 26.10.01.13*

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.

  (2) 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.

  (3) 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:

    (a) A functioning vent whistle with proper vent sizing;

    (b) A functioning visual or audible overfill alarm; or

    (c) A person confirming there is sufficient ullage in the residential heating oil tank for the planned delivery volume.

  (4) A person shall report a suspected or confirmed spill, release, or discharge of heating oil that occurs during a delivery to:

    (a) The Department in accordance with Regulation .05 of this chapter;

    (b) An individual living at the property; and

    (c) The owner of the residential heating oil tank.

  (5) Homeowner Heating Oil Deliveries.

    (a) A homeowner may deliver heating oil to a residential heating oil tank owned by the homeowner.

    (b) A homeowner delivering heating oil to a residential heating oil tank owned by the homeowner shall:

      (i) Comply with §B(2)—(4) of this regulation; and

      (ii) Report a suspected or confirmed heating oil spill, release, or discharge to the Department in accordance with Regulation .05 of this chapter.

C. 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:

  (1) Install a residential heating oil tank that meets the requirements of NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;

  (2) Ensure all underground piping or piping in contact with the ground surface is protected from corrosion in accordance with:

    (a) NFPA 30 “Flammable and Combustible Liquids Code”; and

    (b) NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;

  (3) Before installing a residential heating oil tank, obtain any applicable wetland and waterways authorization stated in Regulation .04E of this chapter;

  (4) If installing an aboveground residential heating oil tank aboveground or inside of a building, install a storage tank that is:

    (a) UL listed for aboveground use or a storage tank designed and constructed for aboveground use in accordance with a Department-approved industry standard; and

    (b) Placed on a foundation designed to minimize:

      (i) Uneven settling of the residential heating oil tank or the foundation; and

      (ii) Corrosion to any part of the residential heating oil tank resting on the foundation;

  (5) If installing an aboveground residential heating oil tank in an area subject to flooding, anchor the residential heating oil tank securely to prevent:

    (a) The residential heating oil tank from floating; and

    (b) A spill, release or discharge of heating oil from the residential heating oil tank; and

  (6) If installing an underground residential heating oil tank on or after June 13, 2022, install a storage tank that is:

    (a) UL listed for underground use or a storage tank designed and constructed for underground use in accordance with a Department-approved industry standard;

    (b) Constructed of corrosion protected steel or fiberglass reinforced plastic; and

    (c) Protected from corrosion in accordance with:

      (i) NFPA 30 “Flammable and Combustible Liquids Code”; and

      (ii) NFPA 31 “Standard for the Installation of Oil-Burning Equipment”.

D. 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.

  (1) 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”.

  (2) 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.

  (3) When permanently closing a residential heating oil tank located aboveground or inside of a building:

    (a) Remove all flammable or combustible liquids from the storage tank and piping;

    (b) Dispose of all flammable and combustible liquids in accordance with federal, State, and local laws;

    (c) Remove the residential heating oil tank from the property;

    (d) Remove all piping and piping connections used for supplying heating oil between the storage tank and the heating system; and

    (e) Remove all fill and vent pipes or fill the pipes with cement to prevent accidental filling.

  (4) 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.

#### Regulation .14 Marinas.

*COMAR 26.10.01.14*

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.

B. If a marina is located in an area subject to flooding, an owner, an operator, and a person in charge of the marina shall ensure an AST and each dispenser at the marina used for fueling vessels or motor vehicles is anchored securely to prevent the AST or dispenser from floating and spilling, releasing, and discharging oil.

C. An owner, an operator, and a person in charge of a new or replacement storage tank system used for fueling vessels at a marina shall:

  (1) Before beginning the installation of the storage tank system, obtain any applicable wetland and waterways authorization stated in Regulation .04E of this chapter;

  (2) Comply with §E of this regulation;

  (3) Ensure the design and construction of a marina fueling system, including the piping system installed on a pier and connected to a dispenser, complies with the following standards:

    (a) NFPA 30 “Flammable and Combustible Liquids Code”;

    (b) NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”; and

    (c) PEI/RP1000-14 “Recommended Practices for the Installation of Marina Fueling Systems”; and

  (4) At least 60 days prior to the start of installation, submit to the Department for review and approval the storage tank system engineering plans prepared by one or more of the following individuals:

    (a) A professional engineer;

    (b) An individual certified as a UST system technician in accordance with COMAR 26.10.06;

    (c) A certified inspector, as defined in COMAR 26.10.17.02B; or

    (d) An authorized inspector, as defined in COMAR 26.10.18.02B.

D. An owner, an operator, and a person in charge of an oil storage tank system installed before June 13, 2022 that is used for fueling vessels at a marina shall comply with §E of this regulation not later than:

  (1) 3 years after June 13, 2022; or

  (2) Another time period approved by the Department.

E. Marina Fueling System Requirements. An owner, an operator, and a person in charge of an oil storage tank system used for fueling vessels at a marina shall ensure a marina fueling system satisfies all of the following requirements:

  (1) A readily accessible shut-off ball valve for each pipe conveying oil from a storage tank to a dispenser on a fueling pier is:

    (a) Located on-shore and near to the approach to the fueling pier;

    (b) Located outside of any secondary containment area;

    (c) Grouped in one location;

    (d) In a waterproof containment sump that is not locked or bolted closed; and

    (e) Identified by a sign stating “EMERGENCY FUEL SHUTOFF VALVE” in 2-inch minimum red capital letters;

  (2) The electrical components of a marina fueling system:

    (a) Are installed in accordance with NFPA 70 “National Electrical Code”; and

    (b) Include emergency shut-off switches:

      (i) That are interlocked to shut off power to all pump motors, fuel dispensing devices, solenoid valves, and electrical circuits in classified areas from any individual location and manually reset only from a master switch;

      (ii) Located on land within 10 feet of the bulkhead and near to the approach to a fueling pier;

      (iii) Located on a fueling pier at least 20 feet and not further than 100 feet from a dispenser; and

      (iv) Identified by a sign stating “EMERGENCY PUMP SHUTOFF” in 2-inch minimum red capital letters;

  (3) The fuel dispensing system, including each dispenser, dispenser hose and nozzle, at the marina:

    (a) Is UL listed or approved for the fuel being dispensed;

    (b) Is compatible with the product piping;

    (c) Has a containment sump that does not leak; and

    (d) Has a UL listed shear valve placed and properly anchored at the dispenser in accordance with manufacturer requirements;

  (4) Each fuel delivery nozzle on a dispenser used for fueling vessels is an automatic-closing type without a latch-open device;

  (5) One or more signs are posted in the dispensing area that provide instructions to the public on vessel fueling procedures in accordance with Section 11.10.8 of NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;

  (6) If the hose length of a dispenser hose is greater than 18 feet, the dispenser hose is secured by a hose reel;

  (7) Underground piping:

    (a) Between an AST and the bulkhead complies with COMAR 26.10.03.02 and 26.10.05.01 and .02; and

    (b) May be used between the bulkhead and the dispenser only if the underground piping has UL listed flexible double-walled construction:

      (i) Rated for aboveground, overwater, or underwater use by the piping manufacturer; or

      (ii) Not rated for aboveground, overwater, or underwater use by the piping manufacturer, but the piping is sleeved in rigid, corrosion-resistant pipe meeting a minimum 2-hour fire rating; and

  (8) The transition piping between the bulkhead and a floating pier:

    (a) Includes:

      (i) A reducing seal at the bulkhead;

      (ii) Non-corrosive pipe supports;

      (iii) An in-line breakaway that seals both ends of the piping;

      (iv) Single plane swivel joints with flanged fittings; and

      (v) Fire-rated flex connectors; and

    (b) Connects to the floating pier piping in a leak-proof containment sump with:

      (i) A manual ball valve in the product line;

      (ii) A solenoid valve that is closed when the emergency pump shutoff is activated or when no fueling is occurring; and

      (iii) A sump sensor that triggers a positive system shutdown.

F. An owner, an operator, and a person in charge of a marina shall:

  (1) Provide an attendant during vessel fueling activities and the attendant shall:

    (a) Be familiar with the dispensing systems and emergency shutoff controls;

    (b) Prevent the dispensing of oil into improper portable containers;

    (c) Ensure vessels are properly moored and all fueling connections are made;

    (d) Be within 15 feet of the dispensing controls during a fueling operation; and

    (e) Maintain a direct, clear, and unobstructed view of both the vessel fuel filler neck and the emergency pump shutoff; and

  (2) Provide a spill response box near to a fuel dispensing area that:

    (a) Stores a sufficient quantity of sorbent materials that can float on water to contain a minimum of 25 gallons of oil; and

    (b) The person in charge of the marina inspects monthly to ensure supplies of sorbent materials are maintained.

#### Regulation .15 Solidification/Stabilization of Oil Waste Materials.

*COMAR 26.10.01.15*

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

    (b) A detailed description of:

      (i) The solidification/stabilization process;

      (ii) The testing or verification to be completed prior to accepting oil sludge, oil refuse, or oil mixed with other waste intended for solidification/stabilization to ensure the oil sludge, oil refuse, or oil mixed with other waste does not contain a hazardous substance or originate from a gasoline storage tank system; and

      (iii) How the facility will maintain records of tracking and testing for each batch of raw material to be solidified/stabilized and for loads of processed material transferred to a permitted disposal facility.

  (2) Upon review of an application completed in accordance with this regulation, the Department shall:

    (a) Notify the applicant in writing that the application is not complete and additional information is required to determine whether the proposed oil solidification/stabilization operation is consistent with all applicable requirements of this chapter, COMAR 26.10, and other State laws and regulations;

    (b) Issue an Individual Oil Operations Permit to the applicant in accordance with Regulation .11G and H of this chapter; or

    (c) Deny the application for an Individual Oil Operations Permit in accordance with Regulation .12 of this chapter.

  (3) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall apply to renew an Individual Oil Operations Permit in accordance with §B(1) of this regulation and Regulation .11E of this chapter.

  (4) In accordance with Regulation .12B of this chapter, the Department may:

    (a) Deny an application for an Individual Oil Operations Permit for a proposed oil solidification/stabilization operation; or

    (b) Suspend or revoke an Individual Oil Operations Permit under which an oil solidification/stabilization operation is permitted.

  (5) The Department may modify, or an owner, an operator, and a person in charge of an oil storage facility or oil handling facility may request to modify, the oil solidification/stabilization conditions of an Individual Oil Operations Permit in accordance with Regulation .12B of this chapter.

C. Operation and Recordkeeping Conditions. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility conducting an oil solidification/stabilization operation:

  (1) May not accept oil sludge, oil refuse, or oil mixed with other waste that contains:

    (a) A hazardous substance; or

    (b) Sludge, refuse, or other mixed waste from a gasoline storage tank system;

  (2) May not cause or allow the unpermitted discharge of stormwater entering the solidification/stabilization process area into waters of the State;

  (3) Shall ensure stormwater entering the solidification/stabilization process area is either:

    (a) Included in the solidification/stabilization process;

    (b) Managed under a State discharge permit or National Pollutant Discharge Elimination System permit; or

    (c) Disposed of at a facility permitted for the treatment of oily water;

  (4) Shall complete the following tasks at the end of each working day:

    (a) Clean the area surrounding the solidification/stabilization area of all oily substances; and

    (b) Cover and secure the solidification/stabilization process area so that the contents are not exposed to stormwater;

  (5) Shall dispose of the end product from the solidification/stabilization process at a State or USEPA permitted disposal facility;

  (6) Shall maintain the following records for at least 5 years at the oil storage facility or oil handling facility:

    (a) Certification by a generator of oil sludge, oil refuse, or oil mixed with other waste that the material is in compliance with §C(1) of this regulation;

    (b) Analytical data demonstrating the oil sludge, oil refuse, or oil mixed with other waste accepted at the oil storage facility or oil handling facility is in compliance with §C(1) of this regulation; and

    (c) A copy of each approval from the receiving facility where the oil solidification/stabilization end product was accepted and disposed, including analytical data; and

  (7) In addition to the requirements under §C(1)—(6) of this regulation, shall comply with the Individual Oil Operations Permit conditions under Regulation .09A of this chapter.

#### Regulation .16 Requirements for Oil Delivery by Truck Tanks and Transports.

*COMAR 26.10.01.16*

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”.

B. A permittee and a person in charge of the transportation, transfer, or delivery of oil by truck tank or transport shall:

  (1) Provide a driver safety training program annually that instructs drivers employed by the permittee or the person in charge on:

    (a) Truck tank, transport, and oil delivery operations;

    (b) The oil pollution control and storage tank system provisions in COMAR 26.10.01—26.10.04, 26.10.17, and 26.10.18;

    (c) The requirement for the reporting, containment, and removal of an oil spill, release, or discharge; and

    (d) The conditions of the permittee’s Individual Oil Operations Permit;

  (2) Ensure a driver employed by the permittee or the person in charge is knowledgeable of and follows the requirements under Regulation .17 of this chapter;

  (3) Maintain records demonstrating compliance with the training requirement under §B(1) of this regulation;

  (4) Within 30 days of hire, provide a truck tank or transport driver with safety training in accordance with §B(1) of this regulation;

  (5) Provide each truck tank or transport with:

    (a) Materials to be used for the prompt containment and removal of an oil spill, release, or discharge; and

    (b) One portable fire extinguisher that has a minimum rating of 4-A:40-B:C, or at least two portable fire extinguishers with a rating of 2-A:20-B:C;

  (6) Ensure the Department’s emergency spill reporting telephone number listed in the Individual Oil Operations Permit is conspicuously posted in each truck tank and transport authorized under the permit for the transportation, transfer, or delivery of oil;

  (7) Meet insurance requirements for the transportation, transfer, and delivery of oil;

  (8) On an annual basis or at least every 25,000 miles, perform preventative maintenance on a truck tank or transport in accordance with 49 CFR Part 396 and COMAR 11.14;

  (9) Inspect and test each truck tank and transport used for the transportation of flammable petroleum liquids in accordance with 49 CFR §180.407;

  (10) Obtain and properly display a:

    (a) U.S. Department of Transportation number for each interstate truck tank or transport the permittee or the person in charge uses in the transportation, transfer, or delivery of oil; and

    (b) Maryland State Highway Administration identification number for each intrastate truck tank or transport the permittee or the person in charge uses in the transportation, transfer, or delivery of oil;

  (11) Register each placarded truck tank or transport in accordance with 49 CFR Part 107; and

  (12) Meet zoning requirements for commercial vehicles when parking a truck tank or transport in the State.

C. A permittee and a person in charge may not deliver oil by truck tank or transport to:

  (1) A UST system that is not registered with the Department in accordance with COMAR 26.10.03.09;

  (2) An AST system that is not registered with the Department in accordance with Regulation .10 of this chapter;

  (3) An oil storage tank in which the Department has:

    (a) In accordance with COMAR 26.10.02.03C, issued a notice of a delivery ban to the owner, the operator, and the person in charge of the oil storage tank system; and

    (b) Affixed a monitoring device, such as a tag, notice, or locking mechanism, to the fill; or

  (4) A storage tank system or a residential heating oil tank that is:

    (a) Visibly spilling or releasing oil;

    (b) In poor or damaged condition; or

    (c) In an unstable condition.

D. A person may not fuel or refuel a vessel from a truck tank or transport at a public marina.

E. Class II liquid from a truck tank or transport may be dispensed to a vessel located at a commercial, industrial, government, or manufacturing facility if the following requirements are met:

  (1) The vessel is used in connection with the facility’s business;

  (2) The owner, the operator, and the person in charge of the facility controls access to the fueling or refueling area, with the fueling or refueling area not accessible to the general public;

  (3) The dispensing hose does not exceed 50 feet in length;

  (4) The dispensing nozzle is a UL listed, automatic-closing type without a latch-open device;

  (5) A nighttime delivery only occurs in an area that is adequately lighted;

  (6) The driver or the person in charge at the facility ensures the flasher lights of the truck tank or transport are in operation during all fueling and refueling activities;

  (7) The driver ensures there is adequate fuel expansion space left in each fuel tank of the vessel being filled to prevent a spill, release, or discharge because of temperature increase; and

  (8) The owner, the operator, and the person in charge of a facility where the oil is delivered by truck tank or transport to a vessel:

    (a) Maintains sufficient spill containment materials for a spill, release, or discharge of, at a minimum, 100 gallons of oil on land or in waters of the State; and

    (b) Locates the spill containment materials in an easily identifiable area near to where fueling operations occur.

#### Regulation .17 Requirements for Drivers of Truck Tanks and Transports.

*COMAR 26.10.01.17*

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.

B. A driver shall load and unload a truck tank or transport only in an approved location.

C. A driver may not deliver to a storage tank, including a residential heating oil tank, when any of the following conditions are observed:

  (1) The Department has:

    (a) In accordance with COMAR 26.10.02.03C, issued a notice of a delivery ban to the owner, the operator, and the person in charge of the oil storage tank system; and

    (b) Affixed a monitoring device, such as a tag, notice, or locking mechanism, to the fill;

  (2) The storage tank system is visibly spilling or releasing oil; or

  (3) An AST system is in poor, unstable, or damaged condition.

D. Before a transfer of oil begins, the driver shall:

  (1) Verify that:

    (a) Proper hoses and fittings will be used in the delivery of oil;

    (b) The transfer hoses are not damaged; and

    (c) All transfer hose connections are tight; and

  (2) Confirm, for direct or remote filling operations, the storage tank has sufficient ullage available to hold the amount of oil being delivered by implementing one or more of the following methods:

    (a) Gauge the storage tank and record ullage and amount of oil delivered;

    (b) Use a functioning vent whistle or other overfill device;

    (c) Verify with the facility’s person in charge:

      (i) The size of the storage tank being delivered to and the quantity of oil to be delivered;

      (ii) That the storage tank has an approved and functional overfill alarm; or

      (iii) For remote filling, that a representative from the facility will actively participate in the filling operation; or

    (d) Use another method approved by the Department.

E. During a transfer of oil, the driver shall:

  (1) Be alert and outside the vehicle;

  (2) Remain within 10 feet and in full and immediate control of the nozzle, shut-off valves, pumps, and emergency operating mechanism for the discharge control valve; and

  (3) Have the fill pipe opening in full view at all times.

F. If a driver leaves the equipment unattended for any reason, the driver shall turn off or return to the closed position all nozzles, shut-off valves, pumps, and discharge control valves of the truck tank or transport and the receiving facility.

G. A driver may not drain oil or empty hoses into a spill catchment basin.

H. A driver shall immediately report to the delivery company any unusual conditions observed during a transfer operation including, but not limited to:

  (1) A spill, release, or discharge;

  (2) A discrepancy between the quantity of oil delivered and the quantity of oil received;

  (3) Equipment defects on the delivery vehicle or at a transfer location; and

  (4) Unsafe delivery conditions.

I. A driver, permittee, and person in charge of a delivery company shall report a spill, release, or discharge made during an oil delivery in accordance with Regulation .05 of this chapter.

#### Regulation .18 Requirements for Oil Transfers at Facilities.

*COMAR 26.10.01.18*

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.

  (2) An owner of an oil storage facility or oil handling facility with a loading/unloading rack or transfer area may be required to obtain a State discharge permit or a National Pollutant Discharge Elimination System permit issued by the Department under Environment Article, §9-323, Annotated Code of Maryland and COMAR 26.08.01—26.08.04 for discharges of stormwater to waters of the State.

  (3) If oil is spilled, released, or discharged during an oil transfer, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall:

    (a) Report the spill, release, or discharge immediately to the Department in accordance with Regulation .05 of this chapter;

    (b) Immediately begin the removal of oil; and

    (c) Handle the oil and all removal debris in accordance with all State, federal, and local requirements.

  (4) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall make available at a loading/unloading rack or transfer area removal materials, such as sorbents:

    (a) That are appropriate for:

      (i) The grades of oil being transferred; and

      (ii) The most probable size of an anticipated spill, release, or discharge; and

    (b) For use in the containment and removal of spilled, released, or discharged oil.

C. Transfer Operations. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall:

  (1) Install a clearly identifiable switch or shutoff at the loading/unloading rack and at a remote location from the loading/unloading rack area to shut off power to all transfer devices in the event of an emergency;

  (2) Provide an interlocking warning light or physical barrier system, warning signs, wheel chocks, or vehicle brake interlock system to prevent a tank car, truck tank, or transport from leaving a loading/unloading area or transfer area before flexible or fixed oil transfer lines are disconnected;

  (3) Prior to filling and departure at the oil storage facility or oil handling facility, inspect the lowermost drain and all outlets on the tank car, truck tank, or transport for spills, releases, or discharges; and

  (4) If a spill, release, or discharge is found during an inspection, repair or replace the lowermost drain and all outlets on the tank car, truck tank, or transport prior to entering a public transportation system.

#### Regulation .19 Right to Information and Facility Access.

*COMAR 26.10.01.19*

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;

B. Allow the Department to conduct monitoring;

C. Complete any survey forms or other documents provided by the Department in a timely manner;

D. Make the facility available for inspection by the Secretary or the Secretary’s authorized representative, including the inspection of storage tank systems, equipment, vehicles, or vessels used in the operation of the oil storage facility or oil handling facility; and

E. During an inspection of the facility:

  (1) Make all records pertaining to the facility and the operation of the facility available for inspection;

  (2) Allow the Department to:

    (a) Make copies of data, records, and information pertaining to the facility and the operation of the facility;

    (b) Collect air, surface or groundwater, soil, and vegetation samples or samples of other materials on-site as determined necessary by the Department; and

    (c) Obtain photographic or videographic documentation or evidence.

#### Regulation .20 Requirements for Motor Fuel Dispensing Facilities.

*COMAR 26.10.01.20*

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;

  (2) Install and operate an AST system in accordance with:

    (a) The requirements of this chapter and COMAR 26.10.17 and 26.10.18; and

    (b) The applicable documents incorporated by reference under Regulation .03 of this chapter; and

  (3) If the motor fuel dispensing facility is located at a marina, comply with the requirements of Regulation .14 of this chapter.

C. An owner, an operator, and a person in charge of a motor fuel dispensing facility may not allow the dispensing of motor fuel at the facility unless:

  (1) The location is attended;

  (2) The owner, the operator, and the person in charge has received prior written approval from the Department to operate the location as an unattended motor fuel dispensing facility; or

  (3) The location is a commercial, industrial, governmental, or manufacturing property where motor fuels are dispensed into the fuel tanks of motor vehicles or vessels that are:

    (a) Owned or controlled by the owner, the operator, and the person in charge of the facility; and

    (b) Used in connection with the business or operation of that property by persons within the employ of such business or operation.

D. The Department may not provide written approval to an owner, an operator, and a person in charge of a marina with a motor fuel dispensing facility to operate the motor fuel dispensing facility unattended.

E. Pursuant to §C(2) of this regulation, the Department may provide written approval to an owner, an operator, and a person in charge of a motor fuel dispensing facility to operate the location unattended if the owner, the operator, and the person in charge of the facility:

  (1) Provide each customer with a unique means of authorization, such as a key card, membership card, or other method that identifies the specific customer;

  (2) Ensure the dispensers at the facility require a customer to input the unique authorization required under §E(1) of this regulation in order for motor fuel to be dispensed;

  (3) Install an emergency shut-off device or electrical disconnect that is readily accessible to customers for each group of dispensers on an individual dispenser island;

  (4) Confirm with the State Fire Marshall or local fire department whether the owner, the operator, and the person in charge of the motor fuel dispensing facility needs to employ additional fire protections such as:

    (a) Installing fixed suppression systems, automatic fire detection systems, or manual fire alarm stations;

    (b) Transmitting alarms to an off-site supervising fire alarm station located at the oil storage facility or another off-site location; or

    (c) Limiting the quantity of motor fuel dispensed per transaction;

  (5) Provide the Department with documentation that confirms the installation of any additional fire protection methods at the facility under the direction of the State Fire Marshall or local fire department, as required under §E(4) of this regulation;

  (6) Conspicuously post operating instructions, warning signs, and emergency instructions in the dispensing area in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;

  (7) Provide on-site in a readily accessible location a telephone or other approved clearly identifiable means to notify the fire department in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;

  (8) On a sign visible from the dispensing area that is not less than 8 x 10 inches in size with lettering not less than 1-inch high, conspicuously post emergency telephone numbers for contacting the following persons in the event of a suspected or confirmed spill, release or discharge, unusual operating conditions, emergency, or equipment failure:

    (a) Emergency response authorities;

    (b) A person in charge at the facility; and

    (c) The Department;

  (9) Provide at least one readily available spill containment kit clearly labeled and stored on-site to contain spills, releases, or discharges of less than 20 gallons; and

  (10) If the facility is a regulated substance storage facility, comply with the operator training requirements for designated Class A operators, Class B operators, and Class C operators of unattended facilities in accordance with COMAR 26.10.16.

F. If the Department determines that an owner, an operator, and a person in charge of an approved unattended motor fuel dispensing facility is not maintaining the operations of the facility in accordance with §E of this regulation, the Department may:

  (1) For a UST system, issue a notice of a delivery ban in accordance with COMAR 26.10.02.03C; and

  (2) For an AST system, suspend or revoke an Individual or General Oil Operations Permit in accordance with Regulation .12 of this chapter.

G. An owner, an operator, and a person in charge of a motor fuel dispensing facility with a sanitary sewer or storm drain connection receiving oil-bearing waste or wastewater from operations at the motor fuel dispensing facility shall:

  (1) Comply with one of the following requirements:

    (a) If oil-bearing waste or wastewater enters a publicly-owned wastewater treatment system, obtain and operate under a Pretreatment Permit issued by:

      (i) The local municipal wastewater treatment utility with delegated authority by the Department to administer a Pretreatment Program in accordance with COMAR 26.08.08; or

      (ii) The Department if the local municipal wastewater treatment utility does not have delegated authority to administer a Pretreatment Program; or

    (b) If oil-bearing waste or wastewater enter into a storm drain system, install an oil/water separating system that is properly:

      (i) Designed to accommodate a worst case incident of a spill, release, or discharge;

      (ii) Operated by a person in charge of the motor fuel dispensing facility;

      (iii) Maintained to manufacturer specifications;

      (iv) Inspected monthly; and

      (v) Pumped out when oil has accumulated to greater than 1 inch in the retention chamber; and

  (2) Obtain all the required permits for the sanitary sewer or storm drain connection receiving oil-bearing waste or wastewater from operations at the motor fuel dispensing facility in accordance with federal, State and local laws and regulations.

H. A person in charge of a motor fuel dispensing facility shall dispose of used oil generated at the motor fuel dispensing facility:

  (1) In accordance with COMAR 26.10.15;

  (2) In a manner that prevents a spill, release, or discharge; and

  (3) Using disposal methods required under applicable federal, State and local laws and regulations.

I. An owner, an operator, and a person in charge of a motor fuel dispenser facility may not install or use a dispenser hose that is greater than 18 feet in length.

#### Regulation .21 Requirements for Marine Oil Facilities.

*COMAR 26.10.01.21*

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.

B. Spill, Release, and Discharge Prevention at Marine Oil Facilities.

  (1) An owner and an operator of a marine oil facility shall institute safe fill and shutdown procedures to prevent oil spills, releases, or discharges:

    (a) During an oil transfer operation; and

    (b) In the event of an overfill of a storage tank.

  (2) 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:

    (a) 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;

    (b) The continuous monitoring of an oil transfer operation by manual or automatic means until the transfer of oil is complete;

    (c) A storage tank fill valve not in use during an oil transfer operation is closed and secured; and

    (d) The transfer of oil only occurs into a storage tank designated to receive the oil.

  (3) Shutdown System or Alarm.

    (a) Storage tanks receiving asphalt (CAS8052424) from a tank vessel are exempt from the requirements of §B(3) of this regulation.

    (b) An owner and an operator of a marine oil facility shall:

      (i) 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

      (ii) Equip each AST used in the transfer of oil from a tank vessel with a high level alarm.

    (c) 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:

      (i) 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

      (ii) 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.

  (4) 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.

  (5) 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.

  (6) An owner and an operator of a marine oil facility shall ensure that an automatic shutdown system or high level alarm system is tested:

    (a) Monthly; or

    (b) Before a receipt of oil.

  (7) An owner and an operator of a marine oil facility shall:

    (a) Maintain records of testing at the marine oil facility; and

    (b) Make the records of testing available for review by a representative of the Department upon request.

#### Regulation .22 Requirements for Tank Vessels.

*COMAR 26.10.01.22*

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.

B. Detection and Control of Oil Spills, Releases, and Discharges.

  (1) All-weather Escort Tank Vessel.

    (a) The requirements of §B(1) and (2) of this regulation do not apply to a public vessel.

    (b) An owner and an operator of a tank vessel shall ensure that a tank vessel transporting oil in the State is accompanied by an all-weather escort vessel.

    (c) The crew on an escort vessel shall continuously check for any evidence of an oil spill, release, or discharge from the escorted tank vessel.

    (d) A vessel supplying propulsion to the tank vessel does not fulfill the requirement for an all-weather escort vessel.

  (2) Alternative Monitoring. In lieu of meeting the escort vessel requirement under §B(1) of this regulation, an owner and an operator of a tank vessel may:

    (a) Equip the tank vessel with a cargo level monitoring system;

    (b) Ensure the tank vessel’s double hulls are designed in compliance with 33 CFR §157.10(d); or

    (c) Have a Department approved plan prepared by the owner and the operator of the tank vessel that provides for visual or another method of inspection of load lines or draft markings for the tank vessel that will determine the existence of an oil spill, release, or discharge from the tank vessel.

  (3) Cargo Level Monitoring System. An owner and an operator of a tank vessel shall:

    (a) Maintain the cargo level monitoring system of the tank vessel in full working order; and

    (b) Correct a malfunction of equipment before getting the tank vessel underway.

C. Inspection Requirements.

  (1) The requirements of this section do not apply to a public vessel.

  (2) An owner and an operator of a tank vessel transporting oil in the State shall inspect the tank vessel in accordance with 46 U.S.C. Subtitle II, Part B and 46 CFR Part 2.

  (3) The Department may require an owner and an operator of a tank vessel to perform additional inspections if the Department has reason to believe the tank vessel has been damaged or responsible for one or more spills, releases, or discharges due to structural damage.

  (4) An owner and an operator of a tank vessel shall display a certificate of inspection issued under 46 U.S.C. Subtitle II, Part B and 46 CFR Part 2 in a conspicuous place on the tank vessel.

#### Regulation .23 Bonding Requirements for Tank Vessels.

*COMAR 26.10.01.23*

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.

C. Bonding Requirement. Upon entering waters of the State to transfer greater than 25 barrels of oil in bulk as cargo, an owner and an operator of a tank vessel shall post a bond or other security as set forth in §D of this regulation:

  (1) In the amount of $500 per gross ton of tank vessel; and

  (2) In a form approved by the Department.

D. Other Acceptable Forms of Security. In lieu of posting a bond, an owner and an operator of a tank vessel may satisfy the requirement under §C of this regulation by posting another acceptable form of security that meets the conditions under §D(1) or (2) of this regulation:

  (1) A certification signed by a certified public accountant that the owner and the operator of the tank vessel has:

    (a) Two out of the three following ratios:

      (i) A ratio of total liabilities to net worth of less than 2.0;

      (ii) A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities of greater than 0.1; or

      (iii) A ratio of current assets to current liabilities of greater than 1.5;

    (b) Net working capital and tangible net worth that are individually at least six times the bond amount required under §C(1) of this regulation;

    (c) Tangible net worth of at least $10,000,000; and

    (d) Assets located in the United States amounting to at least:

      (i) 90 percent of total assets; or

      (ii) Six times the bond amount required under §C(1) of this regulation; or

  (2) A certification signed by a certified public accountant that the owner and the operator of the tank vessel has:

    (a) A current rating for the most recent bond issuance of:

      (i) AAA, AA, A, or BBB as issued by the Standard and Poor’s (S&P); or

      (ii) Aaa, Aa, A, or Baa as issued by Moody’s;

    (b) A parent corporation that meets the requirements of §D(1)(b)—(d) of this regulation; and

    (c) An absolute guaranty by the parent corporation of the owner and the operator of the tank vessel.

E. An owner and an operator of a tank vessel may satisfy §C of this regulation by offering proof to the Department of a current Certificate of Financial Responsibility issued to the owner and the operator of the tank vessel by the USCG under 33 CFR Part 138 for each tank vessel of the owner and the operator entering waters of the State.

F. The Department may waive the requirements of this regulation if the Department determines that the bonds or other securities required under this regulation are not generally available.

G. Bond Forfeiture.

  (1) If the Department determines that a spill, release, or discharge into waters of the State originated from a tank vessel, the bond or other security posted by the owner and the operator of the tank vessel is forfeited and becomes due and payable to the Department to the extent of:

    (a) The costs incurred by the Department to eliminate the residue of the oil spill, release, or discharge;

    (b) Damage caused to the natural and recreational resources of the State; and

    (c) Any uncollectible penalty levied against the owner and the operator of the tank vessel; and

  (2) If a bond or other security is forfeited to the Department as described in §G(1) of this regulation, an owner and an operator of a tank vessel shall post a new bond or other security for the tank vessel in accordance with §C of this regulation.

#### Regulation .24 Violations.

*COMAR 26.10.01.24*

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;

  (2) Subsequent to or concurrent with the service of the complaint authorized under §A(1) of this regulation, the Department may issue to an alleged violator:

    (a) An order requiring the alleged violator take necessary corrective action within the time prescribed in the order;

    (b) A notice requiring an alleged violator file a written report with the Department regarding the alleged violation;

    (c) A notice requiring the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint; or

    (d) A notice requiring the alleged violator file a written report with the Department regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint; and

  (3) If the Department exercises one of the options provided under §A(2)(b)—(d) of this regulation, the Department:

    (a) May not issue an order to the alleged violator that requires corrective action be taken as a result of the alleged violation before expiration of the time set for filing a written report and for holding a hearing required under §A(2)(b)—(d) of this regulation; and

    (b) May issue an order requiring corrective action be taken within the time prescribed in the order, after the expiration of the time set for filing the written report and holding the hearing required under §A(2)(b)—(d) of this regulation.

B. Contested Case Hearing.

  (1) Filing a Hearing Request. A person shall have an opportunity for a contested case hearing if the person files a written request with the Department not later than 10 calendar days after being served with:

    (a) An order from the Department requiring a corrective action issued under §A(2)(a) of this regulation; or

    (b) A notice from the Department requiring the person to file a written report regarding an alleged violation issued under §A(2)(b) of this regulation.

  (2) The appearance of the alleged violator before the Department in accordance with §A(2)(c) or (d) of this regulation constitutes an administrative hearing, and the party shall have the rights of any party in a contested case provided under State Government Article, §§10-205, 10-208 and 10-209, Annotated Code of Maryland.

  (3) A person issued an order provided under §A(3)(b) of this regulation may not request a hearing as a result of the order.

  (4) Notwithstanding a person’s right to a contested case hearing, an order issued to a person pursuant to this regulation is effective immediately upon service according to its terms.

  (5) The Department shall conduct a hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. Judicial Review. A person aggrieved by an order issued by the Department may obtain immediate judicial review under the provisions of State Government Article, §§10-222 and 10-223, Annotated Code of Maryland and the Maryland Rules.