Chapter 03. UST Systems: Design, Construction, Installation, Registration, and Inspection
Regulation .01 Performance Standards for New or Replacement UST Systems.LinkCopy Citation
A.
An owner and an operator of a new or replacement UST system shall comply with the requirements of this chapter for as long as a UST system is used to store a regulated substance to prevent a spill, release, or discharge due to structural failure, corrosion, or an overfill.
B.
UST Standards for a New or Replacement UST System.
(1)
An owner and an operator of a UST system shall install a UST that is properly designed, constructed, and protected from corrosion in accordance with one of the following methods:
(a)
The UST is constructed of UL listed fiberglass-reinforced plastic;
(b)
The UST is constructed of steel, is coated with a suitable dielectric material, and has one of the following cathodic protection systems:
(i)
An impressed current system designed by a corrosion expert; or
(ii)
A manufacturer-installed cathodic protection system that is UL listed or approved by STI;
(c)
The UST is constructed of steel and clad or jacketed with a non-corrodible material that is UL listed or approved by STI; or
(d)
Subject to the approval of the Department, the UST is constructed and protected from corrosion by an alternative installation method that is designed to prevent a spill, release, or discharge or a threatened spill, release, or discharge of a stored regulated substance in a manner determined by the Department to be as protective of public health, safety, and welfare and the environment as the USTs described in §B(1)(a)—(c) of this regulation.
(2)
An owner and an operator of a UST system installed after January 11, 2009 shall install a UST that has secondary containment.
(3)
An owner and an operator of a UST system with a cathodic protection system installed in accordance with §B(1)(b) of this regulation shall:
(a)
Operate and maintain the cathodic protection system in accordance with COMAR 26.10.04.02; and
(b)
If the UST cathodic protection system is an impressed current system, ensure the impressed current system is designed to allow for the determination of the current operating status as required in COMAR 26.10.04.02.
C.
Notification.
(1)
In a format required by the Department, an owner, an operator, and a person in charge of a new or replacement UST system shall notify the Department in writing of the installation of the new or replacement UST system not later than 5 working days before installation begins.
(2)
In accordance with Regulation .09 of this chapter, an owner, an operator, and a person in charge of a new or replacement UST system shall register the UST system with the Department after the installation of the UST system is complete.
D.
Previously Installed USTs. An owner and an operator of a UST system shall:
(1)
Only install a previously installed UST if:
(a)
The owner and the operator submit to the Department a written certification from the UST manufacturer that states the previously installed UST is suitable for service; and
(b)
The Department has provided the owner and the operator written approval to install the previously installed UST;
(2)
Begin the installation of the previously installed UST within 60 days of the issuance of the Department’s written approval to install the UST or in accordance with another schedule required by the Department;
(3)
Ensure all UST system standards and installation requirements of COMAR 26.10 are met when installing the previously installed UST; and
(4)
Maintain the manufacturer’s written certification and the Department’s written approval in accordance with the recordkeeping requirements in COMAR 26.10.04.05.
Regulation .02 Performance Standards for Piping.LinkCopy Citation
A.
On or after January 26, 2005, an owner and an operator of a UST system shall install, upgrade, or replace piping that routinely contains petroleum vapor or a regulated substance in accordance with the following requirements:
(1)
Install piping in a UL listed or Department approved secondary containment system that:
(a)
Contains the petroleum vapor or regulated substance released from the primary piping until the petroleum vapor or regulated substance is detected and removed;
(b)
Prevents a spill, release, or discharge of petroleum vapor or a regulated substance to the environment; and
(c)
With the exception of the vent riser, beginning June 13, 2022, terminates or connects in a liquid tight containment sump with a sump sensor:
(i)
Installed within 1 inch of the lowest part of the sump bottom;
(ii)
Properly secured in the sump by a fixed mounting bracket; and
(iii)
That activates an alarm when liquid is detected;
(2)
Connect piping to the UST in a liquid tight containment sump that is maintained clean and free of liquid;
(3)
When a product dispenser is part of the UST system, install piping that terminates in an under-dispenser containment sump that is liquid tight and maintained clean and free of liquid; and
(4)
If an intermediate sump is used, connect piping in a liquid tight containment sump that is maintained clean and free of liquid.
B.
Corrosion Protection Standards for Piping.
(1)
An owner and an operator of a UST system shall ensure that piping in contact with the ground, including soil and backfill material, or continuous or intermittent water, is properly designed, constructed, and protected from corrosion in accordance with one of the following methods:
(a)
The piping and connectors are constructed of fiberglass-reinforced plastic or flexible piping that is UL listed as appropriate piping for the regulated substance stored and for use in a UST system;
(b)
The piping is constructed of steel, is coated with a suitable dielectric material, and has a cathodic protection system designed by a corrosion expert; or
(c)
Subject to the approval of the Department, the piping is constructed and protected from corrosion by an alternative installation method that is designed to prevent a spill, release, or discharge or a threatened spill, release, or discharge of a stored regulated substance in a manner determined by the Department to be as protective of public health, safety, and welfare and the environment as the types of piping described in §B(1)(a) and (b) of this regulation.
(2)
An owner and an operator of a UST system with steel piping equipped with a cathodic protection system installed in accordance with §B(1)(b) of this regulation shall:
(a)
Operate and maintain the piping cathodic protection system in accordance with COMAR 26.10.04.02; and
(b)
If the piping cathodic protection system is an impressed current system, ensure the impressed current system is designed to allow for the determination of the current operating status as required in COMAR 26.10.04.02.
C.
An owner and an operator of a UST system may not use a fiberglass-reinforced plastic piping system:
(1)
For direct fill lines, unless approved by the Department; or
(2)
Aboveground or above grade.
D.
After January 1, 2009, an owner and an operator that installs a new, upgraded, or replacement UST system may not use a flexible piping system for:
(1)
Direct fill lines;
(2)
Vent lines; or
(3)
Stage II vapor recovery lines.
E.
An owner and an operator of a UST system that replaces 40 percent or more of piping connected to a single UST, including each independent piping run connected to a UST with multiple piping runs, shall replace the remaining single-walled piping connected to the UST with a piping system that meets the requirements of this regulation.
Regulation .03 Spill and Overfill Prevention Equipment.LinkCopy Citation
A.
Except as provided under §C of this regulation, an owner and an operator of a UST system shall use spill and overfill prevention equipment that complies with the requirements of this section.
(1)
Spill Prevention Equipment. An owner and an operator of a UST system shall install and test spill prevention equipment that will prevent a spill, release, or discharge of a regulated substance into the environment when the transfer hose of a truck tank or transport is detached from the fill pipe or Stage I vapor recovery connection of a UST in accordance with the following requirements:
(a)
Install a spill catchment basin with a minimum capacity of 5 gallons at the fill pipe of a new, replacement, or upgraded UST;
(b)
Beginning November 4, 1996, install a spill catchment basin with a minimum capacity of 5 gallons at the fill pipe of a new, replacement, or upgraded UST system that receives used oil;
(c)
Beginning July 1, 1998, install a spill catchment basin with a minimum capacity of 5 gallons at the Stage I vapor recovery connection on a new or replacement UST system that utilizes Stage I vapor recovery; and
(d)
Test spill prevention equipment for tightness using a method approved by the Department at the following frequency:
(i)
If the spill prevention equipment was installed before January 26, 2005, within 180 days of that date;
(ii)
If the spill prevention equipment is installed on or after January 26, 2005, within 30 days of installing the spill prevention equipment;
(iii)
Upon repair of the spill prevention equipment; and
(iv)
At least annually after the most recent test was conducted.
(2)
Overfill Prevention Equipment. An owner and an operator of a UST system:
(a)
Shall ensure overfill prevention equipment:
(i)
Automatically shuts off flow into a UST when the UST is 95 percent full; or
(ii)
Alerts the transfer operator when a UST is 90 percent full by restricting the flow of a regulated substance into the UST or triggering a high level alarm;
(b)
May not install or replace a flow restrictor in a vent line to comply with §A(2)(a) of this regulation after June 13, 2022;
(c)
Shall have a UST system inspector or technician certified under COMAR 26.10.06 or a precision tightness tester certified by a test method recognized by the Department conduct an inspection and functional test of overfill prevention equipment as follows:
(i)
Inspect overfill prevention equipment using a method approved by the Department to ensure the overfill prevention equipment is set to activate at the correct level specified in §A(2)(a) of this regulation when a regulated substance reaches that level in a UST; and
(ii)
Conduct a functional test of the overfill prevention equipment using a method approved by the Department to ensure the overfill prevention equipment will activate when a regulated substance reaches the correct level specified in §A(2)(a) of this regulation; and
(d)
Shall conduct inspections and functional tests of overfill prevention equipment in accordance with the procedures in §A(2)(c) of this regulation at the following frequency:
(i)
Unless an inspection and functional test was conducted before June 13, 2022, within 1 year of June 13, 2022;
(ii)
Upon the installation or repair of overfill prevention equipment; and
(iii)
At least every 3 years after the most recent inspection and functional test was conducted.
(3)
Containment Sumps. An owner and an operator of a UST system shall:
(a)
Ensure a containment sump prevents the release of a regulated substance into the environment;
(b)
Use a containment sump for all connections of piping to or from a UST and to or from a dispenser; and
(c)
Test a containment sump for tightness using a method approved by the Department at the following frequency:
(i)
If the containment sump was installed before January 26, 2005, within 1 year of that date;
(ii)
If the containment sump is installed on or after January 26, 2005, within 30 days of installing the containment sump;
(iii)
Upon repair of the containment sump;
(iv)
If the most recent test conducted on the containment sump occurred before June 13, 2022, within 5 years of the most recent test; and
(v)
At least every 3 years after the most recent test was conducted.
(4)
When a test for tightness conducted on spill prevention equipment or a containment sump results in a failed test result, the owner and the operator of the UST system and the person conducting the test shall report the failed test result to the Department within 2 hours in accordance with COMAR 26.10.08.01.
B.
Dispenser System Requirements.
(1)
When installing a new dispenser system, an owner and an operator of a UST system shall equip the dispenser system with under-dispenser containment.
(2)
A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to a UST system are installed at a regulated substance storage facility.
C.
An owner and an operator of a UST system are not required to use the spill and overfill prevention equipment required under §A of this regulation if:
(1)
The Department determines alternative equipment or methods used for spill and overfill prevention are as protective of public health, safety, and welfare and the environment as the equipment or methods required under §A of this regulation;
(2)
Not more than 25 gallons of a regulated substance is transferred at one time to the UST system; or
(3)
The UST system stores heating oil only for consumptive use and the UST system was installed before November 4, 1996.
D.
Reporting and Recordkeeping.
(1)
An owner and an operator of a UST system shall maintain records demonstrating compliance with the requirements for installing and operating spill and overfill prevention equipment and containment sumps for as long as the UST system is used to store a regulated substance.
(2)
If an owner, an operator, and a person in charge of a UST system changes the method of spill or overfill prevention used, the owner, the operator, and the person in charge of the UST system shall provide the Department written notification within 30 days of the change.
(3)
For each inspection and test conducted in compliance with §A(1)(d), (2)(d), and (3)(c) of this regulation, the owner and the operator of the UST system shall:
(a)
Maintain test records that include at least the following information:
(i)
The name of the testing company;
(ii)
The name of the individual conducting the test;
(iii)
The date of the test;
(iv)
The data accumulated by the test; and
(v)
The results of the test.
(b)
Keep the test records on file at the regulated substance storage facility or at a location designated by and under the control of the owner and the operator of the UST system for as long as the UST system is used to store a regulated substance; and
(c)
Make the records available to the Department upon request.
Regulation .04 UST System Installation Standards.LinkCopy Citation
A.
An owner and an operator of a UST system shall properly install the UST system in accordance with:
(1)
The requirements of this regulation;
(2)
The applicable technical codes and standards incorporated by reference under COMAR 26.10.01.03;
(3)
The manufacturer’s instructions;
(4)
The requirement to have a certified UST system technician perform or supervise the installation in accordance with COMAR 26.10.02.03D; and
(5)
Any alternative installation methods approved by the Department under Regulations .01B(1)(d), .02B(1)(c), and .03C(1) of this chapter.
B.
Monitoring Pipes. An owner and an operator of a UST system shall:
(1)
Install two permanent monitoring pipes or, if a UST system is constructed in a high risk groundwater use area or well head protection area as defined in COMAR 26.10.07.02B, four permanent monitoring pipes:
(a)
Vertically and in opposing corners of a new or replacement UST system excavation zone;
(b)
That extend to a minimum depth of 2 feet below the bottom of the UST in the excavation zone;
(c)
Constructed of schedule 40 polyvinyl chloride (PVC);
(d)
That are a minimum of 4 inches in diameter;
(e)
Constructed with PVC screened pipe from the bottom to within 2 feet of the top of a monitoring pipe, with the remaining 2 feet being constructed of solid PVC; and
(f)
That have a minimum slot size of 0.020 inches and maximum slot size of 0.025 inches with not less than 30 slots per foot; and
(2)
Complete the installation of the monitoring pipes required under §B(1) of this regulation by:
(a)
Backfilling around the outside of the monitoring pipes with fine pea gravel or wrapping the monitoring pipes in an appropriate filter cloth to prevent clogging;
(b)
Sealing around the top 8 inches to ground surface with a bentonite clay and concrete mixture or by other means to prevent the entrance of surface water runoff;
(c)
Capping the monitoring pipes with a liquid-tight threaded cap or removable liquid-tight plug;
(d)
Protecting the monitoring pipes from traffic with a manhole and cover;
(e)
Locking or bolting closed the monitoring pipes;
(f)
Identifying the monitoring pipes to avoid confusion with product fill lines; and
(g)
Having a key or locking tool for the monitoring pipes kept at the regulated substance storage facility.
C.
Excavations. An owner and an operator of a UST system shall perform an excavation for the UST system that is:
(1)
A minimum distance of 5 feet from the base of adjacent structures or property lines;
(2)
If installing a steel UST, a minimum 12-inch distance between other USTs and a minimum 12-inch clearance between a UST and all sides of the excavation zone; and
(3)
If installing a fiberglass-reinforced plastic UST, a minimum 18-inch distance between other USTs and a minimum 18-inch clearance between a UST and all sides of the excavation zone.
D.
An owner and an operator of a UST system shall place a UST upon a minimum 12-inch bedding made of backfill material.
E.
Backfill Material. An owner and an operator of a UST system:
(1)
Shall use backfill material composed of:
(a)
Pea gravel not larger than 3/4 of an inch; or
(b)
Crushed stone not larger than 1/2 of an inch;
(2)
May use clean sand as backfill material for protected steel and steel-clad USTs;
(3)
Shall use the same material for backfilling operations that is used for bedding; and
(4)
May not use backfill material with debris, foreign matter, or frozen matter.
F.
Except where there is, at a minimum, 48 inches of clearance between a UST and shoring, an owner and an operator of a UST system shall remove shoring from the UST system excavation zone when the installation of the UST system is complete.
G.
In an area of high groundwater or where UST movement is possible, an owner and an operator of a UST system shall safeguard a UST against movement from high groundwater or a flood by:
(1)
Anchoring the UST in compliance with the UST manufacturer’s instructions; or
(2)
Other means acceptable to the Department.
H.
When using a hold-down pad or anchors made of concrete to prevent the movement of a UST, an owner and an operator of a UST system shall allow the concrete to cure for a minimum of 48 hours before:
(1)
Placing a new UST and associated backfill on freshly poured concrete; or
(2)
Anchoring a UST to the hold-down devices.
I.
An owner and an operator of a UST system may not install a groundwater drain system in the UST system excavation zone without prior written approval by the Department.
Regulation .05 Precision Tightness Testing.LinkCopy Citation
A.
After completing the installation or replacement, repair, or upgrade of a UST system, an owner and an operator of a UST system shall test the UST system for tightness using a precision tightness test as defined in COMAR 26.10.02.02B before operation of the UST system.
B.
An owner and an operator of a UST system shall only conduct a precision tightness test approved by the Department.
C.
For each precision tightness test conducted on a UST system, the owner and the operator of the UST system shall:
(1)
Maintain and make available for inspection by the Department upon request, records regarding a precision tightness test;
(2)
Keep the records on file at the regulated substance storage facility or at a location designated by and the under control of the owner and the operator of the UST system for as long as the UST system is used to store a regulated substance; and
(3)
Include in the records all of the following information:
(a)
The commercial name of the test equipment;
(b)
The name of the testing company;
(c)
The name of the individual conducting the test;
(d)
The date of the test;
(e)
The data accumulated by the test; and
(f)
The results of the precision tightness test.
D.
Inconclusive Precision Tightness Test Results.
(1)
When a precision tightness test conducted on a UST system results in an inconclusive test result, the owner and the operator of the UST system shall retest the UST system not later than 2 working days after the inconclusive test result.
(2)
If a subsequent precision tightness test conducted on a UST system also results in an inconclusive test result, the owner and the operator of the UST system and the person conducting the precision tightness test shall report the test result as a failure to the Department within 2 hours in accordance with COMAR 26.10.08.01.
E.
When a precision tightness test conducted on a UST system results in a failed test result, the owner and the operator of the UST system and the person conducting the precision tightness test shall report the failed test result to the Department within 2 hours in accordance with COMAR 26.10.08.01.
F.
Consumptive Use UST Systems.
(1)
An owner and an operator of a consumptive use UST system shall comply with the requirements of §§A—E of this regulation.
(2)
Unless otherwise required by the Department, an owner and an operator of a consumptive use UST system are not required to conduct precision tightness tests on the consumptive use UST system at the frequency required under §F(3)(a) if the following conditions are met:
(a)
The UST system is protected against corrosion in accordance with the requirements of this chapter;
(b)
The UST system is installed in accordance with the requirements of this chapter; and
(c)
The owner and the operator of the UST system conduct monthly release detection monitoring of the UST system in accordance with COMAR 26.10.05.
(3)
If the conditions in §F(2) of this regulation are not met, an owner and an operator of a consumptive use UST system shall:
(a)
Conduct a precision tightness test on the UST system:
(i)
15 years after the installation date for the UST system or, if the installation date cannot be determined, immediately; and
(ii)
At least every 5 years after the most recent precision tightness test; and
(b)
Conduct a precision tightness test on the UST system immediately upon receipt of a notice from the Department to conduct a precision tightness test.
Regulation .06 Piping Installation.LinkCopy Citation
A.
An owner and an operator of a UST system shall comply with the installation requirements of this regulation.
B.
Install piping in accordance with the requirements of this regulation.
C.
Place underground piping on a 6-inch bedding of appropriate backfill material as described in Regulation .04 of this chapter.
D.
Maintain the following clearances when installing piping:
(1)
Twice the nominal diameter of the pipe but at least 4 inches between all piping;
(2)
At least 6 inches between piping and electrical conduits related to the UST system;
(3)
At least 6 inches between piping and excavation zone sidewalls; and
(4)
At least 18 inches between piping and the surface of the ground.
E.
Unless otherwise approved by the Department, ensure piping rises 1/8 of an inch for each lateral foot from the UST to the piping endpoint.
F.
Follow the manufacturer specifications and installation requirements when installing piping.
G.
In accordance with manufacturer specifications, use a UL listed flexible connector to connect piping as follows:
(1)
Except for a direct fill line, to connect a pipe carrying a regulated substance to a UST at the end of a piping run; and
(2)
To connect a pipe carrying a regulated substance to a dispenser system.
H.
Unless otherwise approved by the Department, an owner and an operator of a UST system may not use a flexible connector to connect piping carrying petroleum vapor or a regulated substance at any other point in the piping system not listed in §G of this regulation.
I.
Place a UL listed shear valve on pressurized product piping dispensing motor fuel, and properly anchor the shear valve at the dispenser.
J.
Install appurtenances such as water or air piping in a separate piping trench;
K.
Ensure vent lines above the ground surface are:
(1)
Constructed with at least schedule 40 steel;
(2)
Protected from traffic;
(3)
Properly anchored; and
(4)
Protected from weather and debris.
L.
Ensure the vents of a UST system storing a flammable or combustible liquid meet the following conditions:
(1)
If the UST system stores a flammable liquid, the vents terminate 12 feet above the ground surface and 2 feet above an attached building; and
(2)
If the UST system stores a combustible liquid, the vents terminate at least 3 feet above the ground surface.
Regulation .07 Compatibility.LinkCopy Citation
An owner and an operator of a UST system shall:
A.
Use a UST system made of or lined with a material compatible with the regulated substance stored in the UST system;
B.
If the UST system stores an ethanol blend, comply with API Recommend Practice 1626 “Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Filling Stations”;
C.
Provide notification to the Department regarding a change in the regulated substance stored in the UST system as follows:
(1)
In a format required by the Department, notify the Department in writing at least 30 days before switching to a regulated substance that contains:
(a)
Greater than 10 percent ethanol;
(b)
Greater than 20 percent biodiesel; or
(c)
Any other regulated substance identified by the Department; and
(2)
In accordance with Regulation .09 of this chapter, amend the registration for the UST system after the switch to a regulated substance listed in §C(1) of this regulation is complete;
D.
If a UST system stores one of the regulated substances identified in §C of this regulation, demonstrate the compatibility of the UST system with the regulated substance, including the UST, piping, containment sumps, pumping equipment, release detection equipment, spill prevention equipment, and overfill prevention equipment, by using one of the following options:
(1)
Use equipment or components certified or listed by a nationally recognized association for use with the stored regulated substance;
(2)
Use equipment or components with written approval from the manufacturer that affirmatively states the equipment or components are compatible with a specified range of biofuel blends, including the stored regulated substance; or
(3)
Use equipment or components determined by the Department to be not less protective of public health, safety, and welfare and the environment as the equipment or components specified in §D(1) and (2) of this regulation; and
E.
Maintain records documenting compliance with the compatibility requirements under §D of this regulation for as long as the UST system is used to store the regulated substance.
Regulation .08 Upgrading Existing UST Systems.LinkCopy Citation
A.
This regulation does not apply to an owner and an operator of:
(1)
A UST system containing heating oil for consumptive use; or
(2)
A UST system with a field-constructed tank or an airport hydrant fuel distribution system.
B.
Closure of an Existing UST System.
(1)
Except as provided in §B(2) of this regulation, an owner and an operator of an existing UST system shall permanently close the UST system in accordance with:
(a)
The closure requirements under COMAR 26.10.10; and
(b)
The reporting and corrective action requirements under COMAR 26.10.08 and 26.10.09.
(2)
An owner and an operator of an existing UST system are not required under §B(1) of this regulation to permanently close the existing UST system if the following conditions are met:
(a)
Upon installation, the existing UST system was installed in accordance with the performance standards under Regulations .01B, .02B, .03A(1)(a) and (2)(a), and .07A of this chapter; or
(b)
The existing UST system was upgraded on or before December 22, 1998 in accordance with the requirements under §§D—F of this regulation.
C.
Unless an existing UST system meets the conditions in §B(2) of this regulation, an owner and an operator of an existing UST system may not allow delivery of a regulated substance to, or dispensing of a regulated substance from, the existing UST system.
D.
Upgrade Requirements.
(1)
Not later than December 22, 1998, an owner and an operator of an existing UST system with a steel UST shall implement of one the following corrosion protection methods under §D(2) or (3) of this regulation.
(2)
Cathodic Protection System. Not later than December 22, 1998, an owner and an operator of an existing UST system with a steel UST shall upgrade the UST by installing a cathodic protection system meeting the performance standards in Regulation .01B(1)(b)(i) and (3) of this chapter, and ensuring the integrity of the UST through one of the following methods:
(a)
Internally inspect and assess the UST to ensure the storage tank is structurally sound and free of corrosion holes;
(b)
Demonstrate the UST was not installed before December 22, 1988, and the UST has been monitored monthly for releases in accordance with COMAR 26.10.05.05E—H;
(c)
Demonstrate the UST was not installed before December 22, 1988, and the UST has been assessed by conducting two precision tightness tests meeting requirements of Regulation .05A—C of this chapter and the following testing schedule:
(i)
The first precision tightness test was conducted before installing the cathodic protection system; and
(ii)
The second precision tightness test was conducted between 3 and 6 months following the first operation of the cathodic protection system; or
(d)
Demonstrate that the UST was assessed for corrosion holes using a method determined by the Department to prevent spills, releases, and discharges in a manner that is not less protective of public health, safety, and welfare and the environment than the methods specified under §D(2)(a)—(c) of this regulation.
(3)
Internal Lining Combined with Cathodic Protection. Not later than December 22, 1998, an owner and an operator of an existing UST system with a steel UST that meets the requirements of API Standard 1631 “Interior Lining and Periodic Inspection of Underground Storage Tanks” shall upgrade the steel UST with an internal lining and a cathodic protection system as follows:
(a)
Before applying the interior lining, determine if there is evidence of a spill, release, or discharge from the UST system where a spill, release, or discharge is most likely to be present;
(b)
Apply the interior lining:
(i)
In compliance with the repair standards in COMAR 26.10.04.04; and
(ii)
In accordance with the requirements in API Standard 1631 “Interior Lining and Periodic Inspection of Underground Storage Tanks”;
(c)
Install a cathodic protection system that meets the performance standards for cathodic protection under Regulation .01B(1)(b)(i) and (3);
(d)
Conduct a precision tightness test on the UST system in accordance with Regulation .05A—C of this chapter before placing the UST system back into service;
(e)
Maintain, and make available for inspection by the Department upon request, a written certification from the contractors that performed the work required under §D(3)(a)—(d) of this regulation that states all work was performed in accordance with the requirements of this regulation; and
(f)
Internally inspect the lined UST within the first 10 years after applying the lining and at least every 5 years thereafter, with the results of each inspection finding that the lining is structurally sound and performing in accordance with the original design specifications.
(4)
After December 22, 1998, if the internal lining of an existing UST system upgraded using the method in §D(3) of this regulation no longer performs in accordance with original design specifications, the owner and the operator of the existing UST system shall permanently close the UST system in accordance with procedures in COMAR 26.10.10.
E.
Piping Upgrade Requirements. Not later than December 22, 1998, an owner and an operator of an existing UST system shall upgrade metal piping in contact with the ground by installing a cathodic protection system that meets the performance standards for cathodic protection under Regulation .02B(1)(b) and (2) of this chapter.
F.
Spill and Overfill Prevention Equipment Requirements. Not later than December 22, 1998, an owner and an operator of an existing UST system shall upgrade the UST system to meet the performance standards under Regulation .03A(1)(a) and (2)(a) of this chapter.
G.
In accordance with Regulation .09 of this chapter, an owner, an operator, and a person in charge of an existing UST system shall amend the registration for the existing UST system after an upgrade performed in compliance with this regulation is complete.
Regulation .09 UST System Registration Requirements.LinkCopy Citation
A.
An owner, an operator, and a person in charge of one or more UST systems shall:
(1)
Register each UST system with the Department and maintain up-to-date registration for each UST system with the Department;
(2)
Submit to the Department a completed registration form for a UST system to the Department not later than 30 days following the:
(a)
Installation of a new or replacement UST system; or
(b)
Acquisition of a new or replacement UST system;
(3)
Amend the registration for a registered UST system by submitting to the Department a registration form not later than 30 days following:
(a)
The return of a temporarily closed UST system to in-service status;
(b)
A change in the regulated substance stored;
(c)
A change-in-service to store a non-regulated substance in a UST system;
(d)
An upgrade of an existing UST system;
(e)
The temporary closure or permanent closure of a UST system; or
(f)
If applicable, an owner of UST system being released from the requirement to maintain financial responsibility or obtaining coverage under an alternate mechanism of financial responsibility; and
(4)
Include on a submitted registration form all of the information requested on the form, including:
(a)
If amending the registration for a registered UST system, information remaining unchanged since the last registration form was submitted for the UST system;
(b)
A certification of the UST system owner’s compliance with the:
(i)
Installation of a UST and piping requirements under this chapter;
(ii)
Installation of spill and overfill prevention equipment requirements under this chapter;
(iii)
Cathodic protection of steel USTs and piping requirements under Regulations .01 and .02 of this chapter;
(iv)
Financial responsibility requirements under COMAR 26.10.11; and
(v)
Release detection requirements under COMAR 26.10.05 and, if a UST system with a field-constructed tank or an airport hydrant system, 26.10.12;
(c)
If the UST system is used in the operation of a commercial or business entity, certification and proof that:
(i)
The owner has registered the commercial or business entity with the Maryland Department of Assessments and Taxation; and
(ii)
The commercial or business entity is in good standing with the State at the time of the UST system initial or amended registration; and
(d)
A certification from a certified UST system technician that the methods used to install the UST system comply with the requirements in COMAR 26.10.02—26.10.12 and 26.10.16.
B.
An owner, an operator, and a person in charge of a UST system required to register or amend the registration for a UST system under §A of this regulation:
(1)
May register or amend the registration for one or more UST systems located at one place of operation using one registration form; and
(2)
Shall register or amend the registration for UST systems located at separate places of operation using separate registration forms for each place of operation.
C.
A person who sells a UST system shall inform the purchaser of the registration obligation under §A of this regulation and provide the purchaser with a copy of the Department’s registration form.
D.
An owner, an operator, and person in charge of a UST system that is not registered with the Department may not sell, receive, or dispense oil or any other regulated substance to or from the UST system, with the exception of the minimum amount of a regulated substance necessary to conduct an initial precision tightness test for a new or replacement UST system.
E.
An owner, an operator, and a person in charge of a registered UST system shall:
(1)
Display the UST system registration certificate issued by the Department at the regulated substance storage facility; or
(2)
Produce the UST system registration certificate immediately upon the request of the Department.
Regulation .10 UST System Inspection Requirements.LinkCopy Citation
A.
An owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall have a certified inspection completed for the UST system:
(1)
By a UST system inspector certified by the Department under COMAR 26.10.06;
(2)
To verify the owner’s and the operator’s compliance with the UST system requirements established under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16; and
(3)
In accordance with the schedule established under §B of this regulation.
B.
Inspection Schedule. An owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall complete:
(1)
An initial inspection of the UST system:
(a)
If the UST system was installed before January 16, 2006, within 30 days of receiving a notification from the Department to complete an inspection; and
(b)
If the UST system was installed on or after January 16, 2006, within 6 months of the UST system installation;
(2)
A subsequent inspection of the UST system:
(a)
At least once every 3 years following the most recent inspection;
(b)
Within 30 days of receiving a notification from the Department to complete an inspection; and
(c)
If the ownership of the UST system changes, within 3 months of the change in ownership.
C.
Additional Inspections.
(1)
If required by the Department, an owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall complete an inspection in addition to an inspection required under §B of this regulation to verify compliance with the UST system requirements under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16.
(2)
An owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system may not substitute an inspection required by the Department under §C(1) of this regulation for an inspection required under §B of this regulation.
D.
After conducting an inspection required under §B or C of this regulation, an owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall:
(1)
Submit to the Department an inspection report on forms provided by the Department:
(a)
Within 30 days of the deadline to complete an inspection established under §B or C of this regulation;
(b)
Completed by a certified UST system inspector;
(c)
Signed by the certified UST system inspector that conducted the inspection; and
(d)
Signed by the owner, the operator, and the person in charge of the UST system; and
(2)
Unless the Department determines immediate corrective action by the owner is required to protect public health, safety, and welfare and the environment, within 30 days of receiving a Notice to Correct Deficiencies issued by the Department:
(a)
Correct all of the deficiencies identified during the inspection in accordance with the UST system requirements under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16; and
(b)
Submit to the Department proof of corrective actions performed to correct the deficiencies.
E.
Recordkeeping. For a minimum of 5 years, an owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall maintain records of completed inspections at a location designated by the owner and make the records available to the Department upon request.
Chapter annotations
Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, 4-701 et seq., and 7-201 et seq., Annotated Code of Maryland
History: Effective date: February 4, 1991 (18:2 Md. R. 151)
History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
History: Regulation .01 amended effective January 12, 2009 (36:1 Md. R. 25)
History: Regulation .01B amended effective June 29, 1998 (25:13 Md. R. 997)
History: Regulation .02 amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315
History: Regulation .02 amended effective January 16, 2006 (33:1 Md. R. 38); January 12, 2009 (36:1 Md. R. 25)
History: Regulation .03A amended effective February 18, 2002 (29:3 Md. R. 224)
History: Regulation .03A amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315
History: Regulation .03A amended effective January 16, 2006 (33:1 Md. R. 38)
History: Regulation .03D adopted effective June 29, 1998 (25:13 Md. R. 997)
History: Regulation .04B amended effective January 16, 2006 (33:1 Md. R. 38)
History: Regulation .04H adopted effective February 18, 2002 (29:3 Md. R. 224)
History: Regulation .04I adopted effective January 12, 2009 (36:1 Md. R. 25)
History: Regulation .05A amended effective January 12, 2009 (36:1 Md. R. 25)
History: Regulation .07E amended effective February 18, 2002 (29:3 Md. R. 224)
History: Regulation .08 amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 38)
History: Regulation .09 amended effective January 16, 2006 (33:1 Md. R. 38)
History: Regulation .10 adopted effective January 16, 2006 (33:1 Md. R. 38)
History: Regulation .10 amended effective January 12, 2009 (36:1 Md. R. 25)
History: Regulations .01—.10 repealed and new Regulations .01—.10 adopted effective June 13, 2022 (49:12 Md. R. 642)