Chapter 04. UST Systems: General Operating Requuirements
Regulation .01 Spill and Overfill Control.LinkCopy Citation
A.
Delivery and Transfer Operations. An owner and an operator of a UST system shall ensure:
(1)
The ullage available in the UST is greater than the volume of the regulated substance to be transferred to the UST before delivery or transfer begins;
(2)
During a delivery or transfer operation:
(a)
A spill, release, or discharge of a regulated substance does not occur due to overfilling the UST or spilling a regulated substance during the transfer; and
(b)
The delivery or transfer operation is constantly monitored to prevent overfilling of the UST and spilling of a regulated substance;
(3)
The delivery or transfer operation is conducted in accordance with the requirements in COMAR 26.10.01.16 and .17 and NFPA 385 “Standard for Tank Vehicles for Flammable and Combustible Liquids”; and
(4)
The company making an oil delivery or transfer using a truck tank or transport with a cargo tank capacity of 500 gallons or greater holds a valid Individual Oil Operations Permit from the Department in accordance with COMAR 26.10.01.09.
B.
An owner and an operator of a UST system and a responsible party shall report, investigate, and remediate spills, releases, and discharges and overfills from a UST system in accordance with COMAR 26.10.08.04.
C.
Liquid Level Measurements.
(1)
An owner and an operator of a metered UST system shall:
(a)
Each day of operation, measure the liquid level of the UST using a gauging stick or an electronic method and reconcile the results with:
(i)
Pump meter readings of the UST; and
(ii)
Regulated substance delivery receipts for the UST;
(b)
Perform inventory in accordance with “USEPA Doing Inventory Control Right for Underground Storage Tanks”; and
(c)
Review reconciled inventory records in accordance with the inventory control requirements in COMAR 26.10.05.04.
(2)
An owner and an operator of a non-metered UST system designed to allow for the direct measurement of liquid levels in the UST shall gauge the liquid level in the UST using a gauging stick or an electronic method and record the measurements in writing before filling the UST.
(3)
An owner and an operator of a UST system shall maintain the liquid level measurement and inventory reconciliation records required under §C(1) and (2) of this regulation:
(a)
For 5 years at the regulated substance storage facility where the UST system is located, or another location designated by the owner of the UST system; and
(b)
In accordance with Regulation .05 of this chapter.
D.
Delivery and Transfer Equipment. An owner and an operator of a UST system shall:
(1)
Ensure spill catchment basins are kept clean and dry;
(2)
In order to prevent liquid or other matter from entering the UST system, return and secure any fill pipe or Stage I vapor recovery connection cap taken off during a delivery or transfer operation;
(3)
Install a UST system designed to allow for the direct measurement of liquid levels using the gauging stick method;
(4)
Maintain a storage tank gauging stick in good operating condition and capable of measuring the level of a regulated substance over the full range of the UST and riser pipe height to the nearest 1/8 inch;
(5)
In compliance with NFPA 30 “Flammable and Combustible Liquids Code”, install a drop-tube in the fill pipe of:
(a)
A UST system that stores a flammable substance; or
(b)
A UST system with a capacity greater than 1,100 gallons that stores a combustible substance;
(6)
Install a high liquid level gauge, an alarm system, or a pump cut-off device on a UST system if the Department determines an overfill of oil is possible;
(7)
If a vent is not visible to a person positioned at the UST system fill, conduct additional procedures for filling a UST system as required by the Department to ensure a safe transfer or delivery of a regulated substance;
(8)
To indicate the size of a UST and the type of regulated substance stored, clearly mark all fill pipes for a UST system as follows:
(a)
Install a permanent tag or sign immediately adjacent to the fill pipe that states the size of the UST and the specific type of regulated substance being stored; or
(b)
Use a color code that conforms to the following requirements:
(i)
Using the marking system recommended in API Recommended Practice 1637 “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”, paint or place color markings around the fill pipe or manhole cover in a manner that will readily identify the regulated substance stored in the UST; and
(ii)
Print the color code on a sign that is not less than 8 x 10 inches in size with letters not less than 5/16 inch high, post the sign at the regulated substance storage facility in a prominent location visible from the fill pipe area, and make the signage available for inspection at all times to show the UST size and type of regulated substance stored;
(9)
Only mark pipes or openings used for the transfer of a regulated substance stored at the regulated substance storage facility in a manner that associates the pipes or openings with the transfer of that regulated substance; and
(10)
Keep a key or other access device at the regulated substance storage facility for access to a dispenser system connected to the UST system.
Regulation .02 Operation and Maintenance of Corrosion Protection.LinkCopy Citation
A.
An owner and an operator of a metal UST system with corrosion protection shall:
(1)
Comply with the requirements of this regulation to prevent a spill, release, or discharge due to corrosion until the UST system is permanently closed or undergoes a change-in-service pursuant to COMAR 26.10.10.02;
(2)
Operate and maintain a corrosion protection system to continuously provide corrosion protection to the metal components of the UST system in contact with the ground, including soil and backfill material, or continuous or intermittent water; and
(3)
If the UST system is protected by an impressed current system, design the UST system so that the impressed current source cannot be de-energized at any time, except to perform service work on the UST system or the impressed current system.
B.
Inspections. An owner and an operator of a UST system equipped with a cathodic protection system shall comply with all of the following inspection requirements:
(1)
Determine if the cathodic protection system is adequate and complies with the requirements of this regulation by using criteria established in a NACE or STI code of practice incorporated by reference under COMAR 26.10.01.03;
(2)
Inspect the UST system for proper operation by having a qualified cathodic protection tester:
(a)
Test a field-installed cathodic protection system within 6 months of installation, and at least annually thereafter; and
(b)
Test a factory-installed cathodic protection system within 6 months of installation, and at least once every 3 years thereafter;
(3)
If a qualified cathodic protection tester determines the cathodic protection system is inadequate per a NACE or STI code of practice:
(a)
Notify the Department of the failed test in compliance with the suspected spill, release, or discharge reporting requirements in COMAR 26.10.08.01; and
(b)
Repair the cathodic protection system in accordance with a NACE or STI code of practice within 60 days of the failed test; and
(4)
If the UST system is designed with an impressed current system:
(a)
Inspect the UST system at least every 60 days to ensure that the impressed current system is functioning properly; and
(b)
Have a complete assessment of the impressed current system performed by a corrosion expert:
(i)
When the impressed current system reaches 5 years of age, and at least every 5 years after the most recent assessment; and
(ii)
In accordance with the guidance as established under a NACE code of practice.
C.
An owner and an operator of a UST system equipped with a cathodic protection system shall:
(1)
In accordance with Regulation .05C of this chapter, maintain and upon request by the Department provide records of the operation and maintenance of the cathodic protection system that demonstrate compliance with performance standards of this regulation; and
(2)
Include in the records required to be maintained under §C(1) of this regulation the following information:
(a)
The results of the last three inspections and the last assessment of an impressed current system conducted in accordance with §B(4) of this regulation; and
(b)
The results of testing from the last two inspections of a cathodic protection system conducted in accordance with §B(2) of this regulation.
Regulation .03 Periodic Operation and Maintenance Walkthrough Inspections.LinkCopy Citation
A.
Beginning not later than 90 days after June 13, 2022, an owner and an operator of a UST system shall conduct a periodic operation and maintenance walkthrough inspection in accordance with:
(1)
The inspection procedures under §B or C of this regulation; and
(2)
The recordkeeping requirements under §D of this regulation.
B.
An owner and an operator of a UST system may meet the inspection requirements in §A(1) of this regulation by, at a minimum, checking:
(1)
The spill prevention equipment:
(a)
On a monthly basis or, if the UST system receives deliveries at intervals greater than 30 days, prior to each delivery; and
(b)
By completing the following tasks:
(i)
Visually checking the equipment for damage;
(ii)
Removing liquid and debris from the equipment;
(iii)
Checking for and removing obstructions in the fill pipe;
(iv)
Checking the fill cap to ensure the cap is securely on the fill pipe; and
(v)
For double-walled spill prevention equipment with interstitial monitoring, checking for a release in the interstitial area;
(2)
On a monthly basis, the release detection equipment to ensure:
(a)
The equipment is operating with no alarms or other unusual operating conditions present; and
(b)
The records of release detection testing are reviewed and are current;
(3)
On an annual basis, the containment sumps by:
(i)
Visually checking the containment sumps for damage;
(ii)
Checking for a release in the containment area and a spill, release, or discharge to the environment;
(iii)
Removing liquid and debris from the containment sumps; and
(iv)
For double-walled containment sumps with interstitial monitoring, checking for a release in the interstitial area; and
(4)
On an annual basis, the hand held release detection equipment by checking devices such as storage tank gauging sticks and groundwater bailers for operability and serviceability.
C.
An owner and an operator of a UST system may meet the inspection requirements in §A(1) of this regulation by using an alternative procedure:
(1)
Established in guidance developed by the Department or a standard code of practice developed by a nationally recognized association incorporated by reference under COMAR 26.10.01.03; and
(2)
That checks equipment comparable to the equipment required to be checked under §B of this regulation.
D.
An owner and an operator of a UST system shall maintain records of the operation and maintenance walkthrough inspections:
(1)
In accordance with Regulation .05 of this chapter;
(2)
For at least 1 year at the regulated substance storage facility where the UST system is located;
(3)
For at least 5 years at a location designated by the owner; and
(4)
That include the following information:
(a)
A list of each area checked during the inspection;
(b)
Whether an area inspected was acceptable or needed action taken;
(c)
If an action was taken to correct an issue, a description of the action taken; and
(d)
Delivery records if the spill prevention equipment is checked prior to a delivery because deliveries occur at intervals greater than 30 days.
Regulation .04 Repairs Allowed.LinkCopy Citation
A.
An owner and an operator of a UST system shall conduct repairs that:
(1)
Prevent spills, releases, and discharges due to structural failure or corrosion for the entire period in which a UST system is used to store regulated substances;
(2)
Comply with the applicable code of practices developed by a nationally recognized association incorporated by reference under COMAR 26.10.01.03; and
(3)
Meet all of the requirements of this chapter.
B.
An owner and an operator of a UST system shall have repairs to the equipment and components of the UST system performed or supervised by a UST system technician certified in accordance with COMAR 26.10.06.
C.
Repair Procedures. An owner and an operator of a UST system:
(1)
Upon approval of the Department, shall have repairs conducted on a fiberglass-reinforced plastic or steel UST:
(a)
By an authorized representative of the UST manufacturer; or
(b)
In accordance with a code of practice developed by a nationally recognized association incorporated by reference under COMAR 26.10.01.03;
(2)
May not repair a UST by installing an internal liner;
(3)
Shall replace a metal pipe that has sections or fittings in which corrosion or other damage has resulted in:
(a)
A spill, release, or discharge of a regulated substance; or
(b)
An imminent threat of a spill, release, or discharge of a regulated substance, as determined by the Department;
(4)
Shall repair non-corrodible pipes and fittings in accordance with the manufacturer’s specifications; and
(5)
Shall repair a containment sump with materials rated by the material manufacturer for the regulated substance stored in the UST system.
D.
Testing of Repaired UST Systems. An owner and an operator of a repaired UST system shall:
(1)
Before placing the UST system back into service, conduct a precision tightness test in accordance with COMAR 26.10.03.05 to test the repaired UST and piping;
(2)
Before placing the UST system back into service, test secondary containment areas of the UST, piping, and containment sumps in accordance with:
(a)
The manufacturer’s instructions;
(b)
A code of practice developed by a nationally recognized association incorporated by reference under COMAR 26.10.01.03; or
(c)
Requirements established by the Department; and
(3)
Within 6 months of completing a repair on a cathodically protected UST system, test the cathodic protection system:
(a)
To ensure the cathodic protection system is operating properly; and
(b)
In accordance with Regulation .02B of this chapter.
E.
Recordkeeping. In accordance with Regulation .05 of this chapter, an owner and an operator of a UST system shall maintain records of each repair conducted on the UST system until the UST system is permanently closed or undergoes a change-in-service pursuant to COMAR 26.10.10.02.
Regulation .05 Access, Reporting, and Recordkeeping.LinkCopy Citation
A.
Access. An owner, an operator, and a person in charge of a UST system shall:
(1)
Make available for inspection by the Secretary or the Secretary’s authorized representative:
(a)
The regulated substance storage facility where the UST system is located; and
(b)
An alternative site where records regarding the operation of the UST system are maintained;
(2)
Allow the Department to:
(a)
Make copies of data, records, and information pertaining to the UST system;
(b)
Collect air, ground or surface water, 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; and
(3)
Following a spill, release, or discharge, allow a responsible party access to the site to conduct remedial activities.
B.
Reporting. An owner and an operator of a UST system shall submit the following documentation to the Department:
(1)
A registration form for the UST system following certain events, as required under COMAR 26.10.03.09;
(2)
A notification regarding the planned storage of a certain regulated substance in the UST system required under COMAR 26.10.03.07C;
(3)
A report of a spill, release, or discharge or an overfill required under COMAR 26.10.01.05 and 26.10.08 and any other applicable provision under COMAR 26.10;
(4)
A report of corrective actions planned or taken required under Environment Article, §§4-412 and 7-259, Annotated Code of Maryland and any applicable provision of COMAR 26.10, including COMAR 26.10.09.03—.07; and
(5)
A notification of a planned permanent closure or change-in-service of the UST system required under COMAR 26.10.10.02.
C.
Recordkeeping. An owner and an operator of a UST system shall maintain and make available to the Department, the following records:
(1)
If the UST system was installed after January 1, 2006, an as-built diagram of the UST system that includes a layout of the USTs and piping of the UST system;
(2)
Documentation supporting an alternative method of corrosion protection for the construction of a UST or piping, such as an analysis of the site corrosion potential from a corrosion expert, pursuant to COMAR 26.10.03.01B(1)(d) or .02B(1)(c);
(3)
Records of the installation of a previously installed UST, pursuant to COMAR 26.10.03.01D;
(4)
Records that demonstrate compliance with the requirements for installing, operating, and testing spill and overfill prevention equipment and containment sumps in COMAR 26.10.03.03;
(5)
Records of the compatibility of the UST system with a stored regulated substance, pursuant to COMAR 26.10.03.07;
(6)
Records of upgrades made to the existing UST system, pursuant to COMAR 26.10.03.08;
(7)
Records of certified inspections conducted pursuant to COMAR 26.10.03.10;
(8)
The liquid level measurement and inventory reconciliation records required under Regulation .01C of this chapter;
(9)
Records of the operation and maintenance of corrosion protection equipment, pursuant to Regulation .02 of this chapter;
(10)
Records of the periodic operation and maintenance walkthrough inspections conducted pursuant to Regulation .03 of this chapter;
(11)
Records of repairs performed on the UST system, pursuant to Regulation .04 of this chapter;
(12)
Records that demonstrate compliance with the release detection requirements under COMAR 26.10.05, pursuant to COMAR 26.10.05.06;
(13)
Records that demonstrate compliance with the release detection requirements under COMAR 26.10.12, pursuant to COMAR 26.10.12.07;
(14)
Documentation regarding certified Class A, Class B, and Class C operators designated for the regulated substance storage facility and the operator training and certification, pursuant to COMAR 26.10.16.09; and
(15)
Records documenting the UST system being take out-of-service through a closure or change-in-service, including the results of an investigation conducted at the site where the UST system underwent a temporary or permanent closure or a change-in-service, pursuant to COMAR 26.10.10.05.
D.
Availability and Maintenance of Records.
(1)
Unless otherwise required in this chapter or COMAR 26.10.03, 26.10.05, 26.10.10, 26.10.12, and 26.10.16, an owner and an operator of a UST system shall keep the records required under §C of this regulation for the operational life of the UST system at:
(a)
The regulated substance storage facility where the UST system is located; or
(b)
A readily available alternative site under the control of the UST system owner.
(2)
If a UST system underwent permanent closure and the records required under COMAR 26.10.10.05 cannot be maintained at one of the locations specified in §D(1) of this regulation, the owner and the operator of the UST system shall submit the permanent closure records to the Department.
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 16, 2006 (33:1 Md. R. 39)
History: Regulation .01F amended as an emergency provision effective July 5, 2006 (33:16 Md. R. 1363); emergency status expired December 31, 2006
History: Regulation .02F, G amended effective February 18, 2002 (29:3 Md. R. 224)
History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 25)
History: Regulation .05C amended effective January 16, 2006 (33:1 Md. R. 39)
History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 224)
History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective June 13, 2022 (49:12 Md. R. 642)