Applicability. The requirements of this chapter apply only to the following oil storage facilities: An oil storage facility with a new or existing gasoline UST system located in a high risk groundwater use area (HRGUA) or well head protection area (WHPA); and An oil storage facility that meets the definition of a high risk underground oil storage facility under Regulation .07A of this chapter. In addition to the requirements of this chapter, an owner of a new or existing gasoline UST system and an owner of a high risk underground oil storage facility is subject to the requirements under COMAR 26.10.01—26.10.06, 26.10.08—26.10.12, and 26.10.16. Variances. The Department may grant an owner of a new or existing gasoline UST system or a high risk underground oil storage facility a variance from one or more requirements of this chapter if the owner demonstrates the UST system or oil storage facility is not a threat to groundwater. An owner applying for a variance provided under §B(1) of this regulation shall submit to the Department the following information: A survey of groundwater use within a 1/2 mile radius of the oil storage facility; A description of the construction materials used for the UST system; A description of the release detection methods used to protect groundwater; A description of operation and testing methods used to protect groundwater; and Any other information requested by the Department. In this chapter: A term in §B of this regulation has the meaning indicated; and A term not defined in §B of this regulation has: The meaning given to the term in a relevant statute or in COMAR 26.10.01 or 26.10.02; or If not defined in a relevant statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by common use. Terms Defined. “Existing gasoline UST system” means a UST system located in a HRGUA or WHPA: Installed before: January 26, 2005, if located in a HRGUA; or January 1, 2010, if located in a WHPA; Containing gasoline, including gasohol, that is used to fuel motor vehicles; and That has a storage capacity greater than 2,000 gallons. “High risk groundwater use area” or “HRGUA” means an area with a new or existing gasoline UST system: In which an individual water supply system, as defined in COMAR 26.04.03.01-1B, serves as the water supply for the new or existing gasoline UST system facility, an adjoining property of the new or existing gasoline UST system facility, or both; and Located in: Baltimore, Carroll, Cecil, Frederick, or Harford County; and Anne Arundel, Baltimore, Carroll, Cecil, Frederick, or Harford County for the purpose of notifying a property owner of groundwater contamination in accordance with Environment Article, §4-411.2, Annotated Code of Maryland. “High risk underground oil storage facility” means an oil storage facility that meets the conditions defined in Regulation .07A of this chapter. “Levels of concern” means: Benzene at (=) 5 parts per billion; Toluene at (=) 1,000 parts per billion; Ethylbenzene at (=) 700 parts per billion; Total xylenes at (=) 10,000 parts per billion; and Methyl tertiary butyl ether (MTBE) at (=) 20 parts per billion. “Local government” means a county, municipal corporation, or sanitary district. “New gasoline UST system” means a UST system, including a replacement UST system, located in a HRGUA or WHPA: Installed on or after: January 26, 2005, if located in a HRGUA; or January 1, 2010, if located in a WHPA; and Containing gasoline, including gasohol, that is used to fuel motor vehicles. “Well” means a hole made in the ground to obtain or monitor groundwater. “Well head protection area” or “WHPA” means an area in Baltimore, Carroll, Cecil, Frederick, or Harford County identified and regulated by a local government surrounding one or more wells serving a: Community water system, as defined by COMAR 26.04.01.01B; or Public water system, as defined by COMAR 26.04.01.01B. An owner of a new gasoline UST system, except for a new gasoline UST system in a HRGUA located in Anne Arundel County, shall: Comply with the following release prevention and detection requirements for a newly installed UST system: If installing Stage II vapor recovery piping, install the Stage II vapor recovery piping in accordance with COMAR 26.10.03.02; Install and utilize an interstitial release detection system for the UST system piping approved by the National Work Group on Leak Detection Evaluations; If the UST system has a storage capacity of greater than 2,000 gallons or there are multiple USTs installed in a shared excavation zone: Install four monitoring pipes in accordance with the specifications in COMAR 26.10.03.04B, with one monitoring pipe located in each corner of the excavation zone; and In conjunction with the monitoring pipes required under §A(3)(a) of this regulation, install a piping system that is designed to allow for active ventilation of the excavation zone; and Select and, upon receipt of Department approval, install one of the following systems to detect a spill, release, or discharge of gasoline liquid and vapors from the UST system: A minimum of three monitoring wells that are: Constructed in accordance with COMAR 26.04.04 and Department specifications; Located outside of the excavation zone; In locations that will allow for the determination of groundwater flow; and Placed in areas that are most likely to detect a spill, release, or discharge from the UST system; A pressure control system that: Is continuously operated; Continuously monitors storage tank pressure; Maintains storage tank pressure at an average negative pressure; and Prevents the release of gasoline vapors to the environment; If the UST system excavation zone meets the conditions of §A(3) of this regulation by either having a storage capacity of greater than 2,000 gallons or multiple USTs installed in a shared excavation zone, a soil vapor extraction system that is: Connected to the monitoring pipes and piping system required under §A(3) of this regulation; and Operated continuously to maintain active ventilation of the excavation zone; or An alternative method that will detect a spill, release, or discharge of gasoline liquid and vapors from the UST system; Within 30 days of installing a UST system, and annually thereafter: Sample each site supply well and groundwater monitoring well located at the oil storage facility using a method approved by the Department; and Analyze each collected water sample in accordance with Regulation .05 of this chapter; Within 60 days after conducting a sample collection in accordance with §B of this regulation, submit the following documents to the Department: A complete laboratory report that includes a copy of the laboratory sample acceptance form, sample chain-of-custody, and laboratory analytical results; and A site map identifying each site supply well and groundwater monitoring well located at the oil storage facility; and Upon completing the installation, replacement, repair, or upgrade of a UST system and before placing the UST system in operation: Test all primary piping that does not contain liquid gasoline, tank top fittings, Stage II piping, riser pipes, and vent piping using a helium pressure test, or other test approved by the Department, in accordance with procedures prescribed by the Department; If leaks or deficiencies are found during the testing, make necessary repairs in accordance with COMAR 26.10.04.04; and Upon completion of a repair, retest the UST system in accordance with §D(1) of this regulation to ensure the UST system does not leak. An owner of an existing gasoline UST system in a HRGUA, except for an existing gasoline UST system located in Anne Arundel County, shall: Not later than July 25, 2005, implement the following release detection methods: Sample each site supply well and any existing groundwater monitoring wells located on the oil storage facility; Install a minimum of three groundwater monitoring wells that are: Constructed in accordance with COMAR 26.04.04 and Department specifications; Outside of the excavation zone; In locations that will allow for the determination of groundwater flow; and Placed in areas that are most likely to detect a spill, release, or discharge from the UST system; Sample each groundwater monitoring well installed pursuant to §A(1)(b) of this regulation; and Analyze each water sample collected pursuant to §A(1)(a) and (c) of this regulation in accordance with Regulation .05 of this chapter; On an annual basis, collect and analyze water samples from each site supply well and groundwater monitoring well in accordance with §A(1)(a), (c) and (d) of this regulation; Within 60 days after conducting a sample collection pursuant to §A(1) or (2) of this regulation, submit the following documents to the Department: A complete laboratory report that includes a copy of the laboratory sample acceptance form, sample chain-of-custody, and laboratory analytical results; and A site map identifying each site supply well and groundwater monitoring well located on the oil storage facility; and Except for a UST system with Stage II piping decommissioned using a method approved by the Department, not later than January 26, 2006, and on a 24-month basis thereafter, test the UST system in accordance with the following procedures: Test all primary piping that does not contain liquid gasoline, tank top fittings, Stage II piping, riser pipes, and vent piping using a helium pressure test, or other test approved by the Department, in accordance with procedures prescribed by the Department; If leaks or deficiencies are found during the testing, make necessary repairs in accordance with COMAR 26.10.04.04; and Upon completion of a repair, retest the UST system in accordance with §A(4)(a) of this regulation to ensure the UST system does not leak. An owner of an existing gasoline UST system in a WHPA shall: Not later than January 1, 2010, implement the following release detection methods: Sample any existing groundwater monitoring well, and if present, site supply well located on the oil storage facility; Install a minimum of three groundwater monitoring wells that are: Constructed in accordance with COMAR 26.04.04 and Department specifications; Outside of the excavation zone; In locations that will allow for the determination of groundwater flow; and Placed in areas that are most likely to detect a spill, release, or discharge from the UST system; Sample each groundwater monitoring well installed pursuant to §B(1)(b) of this regulation; and Analyze each water sample collected pursuant to §B(1)(a) and (c) of this regulation in accordance with Regulation .05 of this chapter; On an annual basis, collect and analyze water samples from each groundwater monitoring well, and if present, site supply well in accordance with §B(1)(a), (c) and (d) of this regulation; Within 60 days after conducting a sample collection pursuant to §B(1) or (2) of this regulation, submit the following documents to the Department: A complete laboratory report that includes a copy of the laboratory sample acceptance form, sample chain-of-custody, and laboratory analytical results; and A site map identifying each groundwater monitoring well, and if present, site supply well located on the oil storage facility; and Except for a UST system with Stage II piping decommissioned using a method approved by the Department, not later than January 1, 2010, and on a 24-month basis thereafter test the UST system in accordance with the following procedures: Test all primary piping that does not contain liquid gasoline, tank top fittings, Stage II piping, riser pipes, and vent piping using a helium pressure test, or other test approved by the Department, in accordance with procedures prescribed by the Department; If leaks or deficiencies are found during the testing, make necessary repairs in accordance with COMAR 26.10.04.04; and Upon completion of a repair, retest the UST system in accordance with §B(4)(a) of this regulation to ensure the UST system does not leak. An owner of a new or existing gasoline UST system shall conduct an analysis for full suite volatile organic compounds, including naphthalene and fuel oxygenates, for each water sample collected from: A groundwater monitoring well in accordance with USEPA Test Method 8260 or another method approved by the Department; and A site supply well in accordance with USEPA Test Method 524.2 or another method approved by the Department. If the concentration of benzene, toluene, ethylbenzene, total xylenes, or MTBE is detected at equal to or greater than the levels of concern defined in Regulation .02B of this chapter in a groundwater sample collected and analyzed in accordance with Regulations .03—.05 of this chapter, an owner of a new or existing gasoline UST system shall: Within 24 hours of receiving an analytical laboratory report that shows the detection, report the sampling results to the Department; Within 48 hours of receiving an analytical laboratory report that shows the detection, initiate an investigation both on-site and off-site of the oil storage facility in accordance with COMAR 26.10.08.02—.04; and In accordance with COMAR 26.10.09.07, develop a corrective action plan under the direction of the Department. Defining a High Risk Underground Oil Storage Facility. An oil storage facility is defined as a high risk underground oil storage facility under this chapter if the facility has: An underground storage capacity that includes: One or more UST systems constructed with a single-walled UST or single-walled product piping; and A total underground oil storage capacity of 80,000 gallons or greater, not including underground oil storage capacity used to store heating oil for onsite consumptive use; or As determined by a throughput review conducted in accordance with §A(2) of this regulation, a combined monthly oil throughput for all products stored in UST systems of: 750,000 gallons or more when averaged over a rolling 12-month period; or 1,000,000 gallons or more in any single month. Throughput Review Procedures. To determine if an underground oil storage facility meets the definition of a high risk underground oil storage facility on a throughput basis, an owner of an underground oil storage facility shall have a throughput review performed in accordance with §A(2)(b) of this regulation: At least once every three years during a certified inspection of a UST system required under COMAR 26.10.03.10; or If directed by the Department to perform a throughput review. Using a form provided by the Department, a certified UST system inspector or a person in charge of an underground oil storage facility performing a throughput review shall determine the combined monthly oil throughput for all products by evaluating inventory records that document: The average combined monthly oil throughput for all products over the preceding 12 months; and The highest combined monthly oil throughput for all products in the preceding 12 months. An owner of an underground oil storage facility shall submit to the Department the throughput review: As part of the inspection report required under COMAR 26.10.03.10D if the throughput review was performed during a certified inspection of a UST system; or As directed by the Department. An owner of a high risk underground oil storage facility may demonstrate that the oil storage facility no longer meets the definition of a high risk underground oil storage facility by submitting documentation, such as an updated throughput review, to the Department that proves the oil storage facility no longer meets the conditions under §A(1) of this regulation. Upon review of documentation provided to the Department pursuant to §A(3) of this regulation, the Department may determine: The oil storage facility no longer meets the definition of a high risk underground oil storage facility; and The owner of the oil storage facility is no longer required to comply with the requirements of this regulation. Compliance with Monitoring Methods. An owner of a high risk underground oil storage facility shall: Select, and upon receipt of Department approval, implement one of the following monitoring methods: Groundwater monitoring method specified under §C of this regulation; Enhanced testing method specified under §D of this regulation; or An alternative monitoring method specified under §E of this regulation; and Begin implementing the monitoring method in accordance with the following schedule: Within 6 months of June 13, 2022, if the facility meets the size and construction conditions of §A(1)(a) of this regulation; Within 6 months of determining that the facility meets the throughput conditions of §A(1)(b) of this regulation; or On a schedule determined by the Department. Groundwater Monitoring Method. An owner of a high risk underground oil storage facility choosing to implement the groundwater monitoring method shall: Install a minimum of three groundwater monitoring wells: That are constructed in accordance with the well construction requirements of COMAR 26.04.04 and Department specifications; Outside of the excavation zone; In locations that will allow for the determination of groundwater flow; and In areas that are most likely to detect a spill, release, or discharge from the UST system; Within 60 days of installing the groundwater monitoring wells, and annually thereafter: Sample each groundwater monitoring well and analyze collected samples: For full suite volatile organic compounds, including naphthalene and fuel oxygenates, in accordance with USEPA Test Method 8260 or another method approved by the Department; and For total petroleum hydrocarbons, including diesel and gasoline range organics, in accordance with USEPA Test Method 8015 or another method approved by the Department; and If present at the high risk underground oil storage facility, sample each site supply well and analyze collected samples for full suite volatile organic compounds, including naphthalene and fuel oxygenates, in accordance with USEPA Test Method 524.2 or another method approved by the Department; and Within 60 days after conducting a sample collection required under §C(2) of this regulation, submit the following documents to the Department: A complete laboratory report that includes a copy of the laboratory sample acceptance form, sample chain-of-custody, and laboratory analytical results; and A site map identifying each site supply well and groundwater monitoring well located at the oil storage facility. Enhanced Testing Method. This method may only be implemented by an owner of a high risk underground oil storage facility if all of the UST systems at the facility are installed with double-walled USTs and all of the piping systems are installed in accordance with COMAR 26.10.03.02A. An owner of a high risk underground oil storage facility choosing to implement the enhanced testing method shall: Perform UST and piping release detection by interstitial monitoring and perform at least one additional method of UST release detection in accordance with COMAR 26.10.05; Perform annual primary line precision tightness testing; Perform annual piping interstice precision tightness testing; Equip all containment sumps, except the vent riser containment sump, with sensors programmed for positive UST system dispensing and pumping shut down; and Every three years or at an alternative frequency under the direction of the Department, perform precision tightness testing of: The UST in a manner that minimizes isolation of UST system components, such as the vent and vapor piping and risers, to the greatest extent possible; and The UST interstice, except for a brine filled interstice. Alternative Monitoring Method. Subject to Department approval, an owner of a high risk underground oil storage facility may implement an alternative monitoring method if the owner demonstrates the alternative method is designed to detect a spill, release, or discharge from the UST system in a manner that is not less protective of human health and the environment than a method described under §C or D of this regulation. If an owner of a high risk underground oil storage facility detects a spill, release, or discharge at the facility, the owner shall comply with the spill, release, or discharge reporting and corrective action requirements of COMAR 26.10.08 and 26.10.09. An owner of a new or existing gasoline UST system and an owner of a high risk underground oil storage facility shall: Maintain records of all testing required by this chapter for one year at the oil storage facility and for five years at a location designated by the owner; and Make the records maintained pursuant to §A of this regulation available to the Department upon request or as required under this chapter. Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, and 4-701 et seq., Annotated Code of Maryland Effective date: February 4, 1991 (18:2 Md. R. 151) Chapter revised effective November 4, 1996 (23:22 Md. R. 1498) Regulation .01 repealed and new Regulations .01—.08 adopted effective June 13, 2022 (49:12 Md. R. 642)