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<regulation prefix="Regulation" num=".05" citation="COMAR 26.10.05.05" title_num="26" subtitle_num="10" chapter_num="05" heading="Method of Release Detection.">
  <paragraph num="A.">
    <text>In addition to the inventory control requirements in Regulation .04 of this chapter, an owner and an operator of a UST system shall perform one or a combination of the methods of release detection described in §§B—H of this regulation at least monthly.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Statistical Inventory Reconciliation. An owner and an operator of a UST system utilizing statistical inventory reconciliation as a monthly method of release detection:</text>
    <paragraph num="(1)">
      <text>May only use statistical inventory reconciliation if the UST system is a metered UST system;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall use statistical inventory reconciliation to detect a spill, release, or discharge through application of statistical principles to inventory data, or another test of equivalent performance, with a probability of detection of not less than 0.95 and a probability of false alarm of not more than 0.05;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Shall use a method of statistical inventory reconciliation that meets the following requirements:</text>
      <paragraph num="(a)">
        <text>Uses inventory volume measurements collected in accordance with COMAR 26.10.04.01;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Produces a quantitative result with a calculated leak rate;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is capable of detecting:</text>
        <paragraph num="(i)">
          <text>A leak rate of 0.2 gallon per hour; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A spill, release, or discharge of 150 gallons within a month; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Uses a threshold that does not exceed one-half the minimum detectible leak rate; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Shall have a Department-approved third party conduct the statistical inventory reconciliation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Manual Tank Gauging.</text>
    <paragraph num="(1)">
      <text>At least weekly, an owner and an operator of a UST system shall perform manual tank gauging using a storage tank gauging stick maintained in accordance with COMAR 26.10.04.01 as follows:</text>
      <paragraph num="(a)">
        <text>Take UST liquid level measurements at the beginning and ending of an at least 36-hour period, during which liquid may not be added to or removed from the UST;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Base the level measurements on an average of two consecutive stick readings at both the beginning and ending of the period; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Using a UST gauge chart specific to the UST gauged, convert the liquid levels to the gallons present in the UST and review for any variations between the starting and ending measurements.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An owner and an operator of a UST system shall report a suspected spill, release, or discharge and follow the investigation and confirmation procedures in COMAR 26.10.08 if the variation between beginning and ending manual tank gauging measurements performed in accordance with §C(1) of this regulation exceeds the weekly or monthly standards in the following table:</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An owner and an operator of a UST system may use manual tank gauging:</text>
      <paragraph num="(a)">
        <text>As the sole method of release detection if the nominal capacity of a UST is 550 gallons or less; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For a UST with a nominal capacity of 551 to 2,000 gallons only in conjunction with conducting a precision tightness test, as defined in COMAR 26.10.02.02, at least every 5 years in accordance with the requirements of COMAR 26.10.03.05.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An owner and an operator of a UST system may not use manual tank gauging to meet the requirements of this chapter for a UST that has a nominal capacity of more than 2,000 gallons.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Precision Tightness Testing. At least monthly, an owner and an operator of a UST system shall conduct a precision tightness test, as defined in COMAR 26.10.02.02, as a method of release detection in accordance with the requirements of COMAR 26.10.03.05.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Automatic Tank Gauging. At least monthly, an owner and an operator of a UST system shall perform automatic tank gauging using equipment that tests for the loss of regulated substance and conducts inventory control and that meets the following requirements:</text>
    <paragraph num="(1)">
      <text>The automatic regulated substance level monitor test is capable of detecting a 0.2 gallon per hour leak rate from any portion of the UST;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The automatic tank gauging equipment meets the inventory control, or another test of equivalent performance, requirements of COMAR 26.10.04.01, and Regulation .04 of this chapter; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An automatic tank gauging system tests for loss of a regulated substance by operating in one of the following modes:</text>
      <paragraph num="(a)">
        <text>In-tank static testing conducted at least once monthly; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the automatic tank gauging system to gather incremental measurements to determine the leak status of the UST at least once monthly.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Groundwater Monitoring.</text>
    <paragraph num="(1)">
      <text>Beginning June 13, 2022, an owner and an operator of a UST system may only use groundwater monitoring as a monthly method of release detection with prior written approval from the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An owner and an operator of a UST system shall conduct groundwater monitoring in accordance with the following requirements:</text>
      <paragraph num="(a)">
        <text>Perform a site assessment 60 days before the implementation of the groundwater monitoring method;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide a written report of the site assessment to the Department upon request and, beginning June 13, 2022, ensure the written report is signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or other relevant technical discipline acceptable to the Department; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Demonstrate that the testing or monitoring to detect a regulated substance on the groundwater meets all of the following requirements:</text>
        <paragraph num="(i)">
          <text>The regulated substance stored is immiscible in water and has a specific gravity of less than one;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Groundwater is never more than 15 feet from the ground surface and the hydraulic conductivity of the soil or soils between the UST system and the monitoring wells or devices is not less than 0.01 centimeter/second, with the soil consisting of gravels, coarse to medium sands, coarse silts, or other permeable materials;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The slotted portion of the monitoring well casing is designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low groundwater conditions;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Monitoring wells are sealed from the ground surface to the top of the filter pack;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Monitoring wells or devices intercept the UST excavation zone or positioned as close to the excavation zone as is technically feasible;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The method of measuring the contents of the well, whether automatic or manual, is capable of detecting the presence of at least 1/8 of an inch of free product on top of the groundwater in the monitoring wells;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>At least monthly, the contents of the groundwater monitoring well are measured;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements in §F(2)(c)(i)—(v) of this regulation and to establish the number and positioning of monitoring wells or devices that will detect discharges or releases from any portion of the UST system;</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering; and</text>
        </paragraph>
        <paragraph num="(x)">
          <text>A key, a lock combination number, or access tool for all monitoring wells is provided to the Department upon request and made available on the site where the UST system is located.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Interstitial Monitoring.</text>
    <paragraph num="(1)">
      <text>Beginning June 13, 2022, an owner and an operator of a UST system may only use interstitial monitoring as a monthly method of release detection between a UST system and a secondary barrier as described in §G(2)(b) of this regulation with prior written approval from the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An owner and an operator of a UST system may use interstitial monitoring between the UST system and a secondary barrier immediately around or beneath the UST system as a method of release detection if the UST system is designed, constructed, and installed to detect a spill, release, or discharge from any portion of the UST system and one of the following conditions are met:</text>
      <paragraph num="(a)">
        <text>For a double-walled UST system, the owner and operator of the UST system uses a sampling or testing method that can detect a spill or release through the inner wall in any portion of the UST system;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For a UST system with a secondary barrier within the excavation zone, the owner or operator of the UST system uses a sampling or testing method that can detect a spill, release, or discharge between the UST system and the secondary barrier, provided that:</text>
        <paragraph num="(i)">
          <text>The secondary barrier around and beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable, at least 1×10-6 centimeter/second for the regulated substance stored, to direct a spill, release, or discharge to the monitoring point and allow the detection of the regulated substance;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The barrier is compatible with the regulated substance stored so that a spill, release, or discharge from the UST system will not cause a deterioration of the barrier and allow a spill, release, or discharge to pass through the barrier undetected;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>For cathodically protected UST systems, the owner and the operator installs a secondary barrier so that it does not interfere with the proper operation of the cathodic protection system;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The groundwater, soil moisture, or rainfall will not make the testing or sampling method used inoperative so that a spill, release, or discharge could go undetected for more than 30 consecutive days;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under these conditions; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Monitoring wells are clearly marked and secured with bolts or a lock to avoid unauthorized access and tampering; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>For USTs with an internally fitted liner, the owner and operator of the UST uses an automated device that can detect a spill or release between the inner wall of the UST and the liner, and the liner is compatible with the regulated substance stored.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Other Methods.</text>
    <paragraph num="(1)">
      <text>Upon the approval of the Department, an owner and an operator of a UST system may use one or combination of alternative methods of monthly release detection if:</text>
      <paragraph num="(a)">
        <text>The method can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of not less than 0.95 and a probability of false alarm of not more than 0.05; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The owner and the operator of the UST system can demonstrate to the Department that the method can detect a spill, release, or discharge as effectively as any of the methods allowed in §§B and D—G of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If an alternative method of monthly release detection proposed by an owner and an operator of a UST system is approved by the Department, the owner and the operator of the UST system shall comply with any conditions imposed by the Department on the use of the method to ensure the protection of human health and the environment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Vapor Monitoring. Except as provided in §H of this regulation, an owner and an operator of a UST system may not use vapor monitoring as a monthly method of release detection after April 1, 2009.</text>
  </paragraph>
</regulation>