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Chapter 12. UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems

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Regulation .01 General Requirements.Copy Citation

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A.
Implementation of Requirements. Except as otherwise provided in Regulations .02—.05 of this chapter, an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system shall comply with requirements of this chapter, COMAR 26.10.02—26.10.11 and 26.10.16 in accordance with the following schedule:
(1)
For a UST system installed after June 13, 2022, upon installation of the UST system; and
(2)
For a UST system installed on or before June 13, 2022:
(a)
Comply with the following requirements not later than October 13, 2022:
(i)
Upgrade requirements in Regulation .03 of this chapter;
(ii)
Spill and overfill control requirements in COMAR 26.10.04.01;
(iii)
Operation and maintenance of corrosion protection requirements in COMAR 26.10.04.02;
(iv)
Compatibility requirements in COMAR 26.10.03.07;
(v)
Requirements regarding repairs allowed on UST systems in COMAR 26.10.04.04;
(vi)
Reporting and recordkeeping requirements in Regulation .07 of this chapter and COMAR 26.10.04.05;
(vii)
Spill and overfill prevention equipment and testing requirements in COMAR 26.10.03.03;
(viii)
Periodic operation and maintenance walkthrough inspections requirements in Regulation .04 of this chapter and COMAR 26.10.04.03;
(ix)
Release detection requirements in Regulation .05 of this chapter and COMAR 26.10.05; and
(x)
Operator training requirements in COMAR 26.10.16; and
(b)
Comply with the following requirements on and after June 13, 2022:
(i)
Requirements for reporting, investigating, and confirming a spill, release, or discharge in COMAR 26.10.08;
(ii)
Spill, release, and discharge response and corrective action requirements in COMAR 26.10.09;
(iii)
Closure and change-in-service of a UST system requirements in COMAR 26.10.10;
(iv)
Except as provided in §B of this regulation, UST system registration requirements in COMAR 26.10.03.09; and
(v)
Except as provided in §C of this regulation, financial responsibility requirements in COMAR 26.10.11.
B.
Not later than October 13, 2022, an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system installed before June 13, 2022 shall register the UST system and maintain up-to-date registration of the UST system with the Department in accordance with COMAR 26.10.03.09.
C.
An owner of a UST system with a field-constructed tank or an airport hydrant system in use as of June 13, 2022 shall demonstrate financial responsibility for the UST system at the time of submitting a registration form for the UST system, as required in §B of this regulation.
D.
In compliance with COMAR 26.10.02.03D, an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system shall ensure:
(1)
The installation, upgrade, and repair of the UST system is performed by or under the supervision of a certified UST system technician;
(2)
The closure or change-in-service of the UST system is performed by or under the supervision of a certified UST system technician or remover; and
(3)
Inspections required under COMAR 26.10.03.10 are performed by or under the supervision of a certified UST system inspector.

Regulation .02 Exception to Piping Secondary Containment Requirements.Copy Citation

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A.
An owner and an operator of a UST system with a field-constructed tank greater than 50,000 gallons or an airport hydrant system may use single-walled piping when installing or replacing piping associated with the UST system.
B.
An owner and an operator of a UST system with a field-constructed tank less than or equal to 50,000 gallons that is not part of an airport hydrant system shall meet the piping performance standards and secondary containment requirements of COMAR 26.10.03.02 when installing or replacing piping.

Regulation .03 Upgrade Requirements.Copy Citation

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A.
Not later than October 13, 2022, an owner and an operator of a UST system with a field-constructed tank or an airport hydrant system installed on or before June 13, 2022 shall comply with the upgrade requirements of this section.
(1)
Corrosion Protection. The owner and the operator of the UST system shall ensure the UST system components in contact with the ground:
(a)
Except as provided in Regulation .02 of this chapter, meet the new and replacement UST system performance standards for USTs in COMAR 26.10.03.01 and piping in COMAR 26.10.03.02; or
(b)
Are constructed of metal and cathodically protected according to a NACE code of practice incorporated by reference under COMAR 26.10.01.03 and meet the following cathodic protection conditions:
(i)
The cathodic protection meets the requirements of COMAR 26.10.03.01B(1)(b) and (3) for USTs and COMAR 26.10.03.02B(1)(b) and (2) for piping; and
(ii)
A UST greater than 10 years old without cathodic protection is assessed to ensure the UST is structurally sound and free of corrosion holes prior to adding cathodic protection through an internal inspection or another method determined by the Department.
(2)
Spill and Overfill Prevention Equipment. To prevent a spill, release, or discharge or an overfill associated with product transfer to a UST system, the owner and the operator of the UST system shall ensure the UST system meets the new UST system spill and overfill prevention equipment requirements specified in COMAR 26.10.03.03.
B.
An owner and an operator of a UST system with a field-constructed tank or an airport hydrant system not in compliance with §A of this regulation shall:
(1)
Immediately place the UST system in temporary closure in accordance with COMAR 26.10.10.01; and
(2)
Permanently close the UST system in accordance with COMAR 26.10.10.02—.05 not later than April 13, 2023, or another time period established by the Department.

Regulation .04 Walkthrough Inspections.Copy Citation

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A.
In addition to the operation and maintenance walkthrough inspection requirements in COMAR 26.10.04.03, an owner and an operator of an airport hydrant system shall inspect the following additional areas of the airport hydrant system:
(1)
Inspect hydrant pits by:
(a)
Visually checking for any damage;
(b)
Removing any liquid or debris; and
(c)
Checking for evidence of a spill, release or discharge; and
(2)
Inspect hydrant piping vaults and sumps by checking for evidence of a spill, release or discharge from hydrant piping.
B.
An owner and an operator of an airport hydrant system shall inspect the additional areas required in §A of this regulation:
(1)
Monthly if confined space entry according to the Occupational Safety and Health Administration is not required; or
(2)
At least annually if confined space entry according to the Occupational Safety and Health Administration is required.
C.
An owner and an operator of an airport hydrant system shall maintain records of the additional areas inspected in accordance with COMAR 26.10.04.03.

Regulation .05 Release Detection.Copy Citation

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A.
Not later than October 13, 2022, an owner and an operator of a UST system with a field-constructed tank or an airport hydrant system shall provide a method of release detection in accordance with the requirements of this regulation.
B.
Field-Constructed Tanks.
(1)
An owner and an operator of a UST system with a field-constructed tank with a capacity less than or equal to 50,000 gallons shall meet the UST system release detection requirements in COMAR 26.10.05.
(2)
An owner and an operator of a UST system with a field-constructed tank with a capacity greater than 50,000 gallons shall comply with the following release detection requirements:
(a)
If a metered UST system, perform monthly inventory control in accordance with COMAR 26.10.05.04 or an equivalent procedure that can detect a leak less than or equal to 0.5 percent of the monthly flow-through; and
(b)
Perform release detection in accordance with COMAR 26.10.05 or by using at least one of the following alternative methods of release detection:
(i)
Conduct an annual tank tightness test that can detect a 0.5 gallon per hour (gph) leak rate;
(ii)
Use an automatic tank gauging system to perform monthly release detection that can detect a leak rate of less than or equal to 1.0 gph, and conduct a tank tightness test that can detect a 0.2 gph leak rate at least every 3 years;
(iii)
Use an automatic tank gauging system to perform monthly release detection that can detect a leak rate of less than or equal to 2.0 gph, and conduct a tank tightness test that can detect a 0.2 gph leak rate at least every 2 years;
(iv)
Perform vapor monitoring in accordance with §C(2)(b) of this regulation;
(v)
Perform monthly inventory control in accordance with COMAR 26.10.05.04 or an equivalent procedure that can detect a leak less than or equal to 0.5 percent of the monthly flow-through, and in conjunction perform either a tank tightness test that can detect a 0.5 gph leak rate at least every 2 years or groundwater monitoring as a monthly method of release detection in accordance with COMAR 26.10.05.05F; or
(vi)
Perform another method of release detection approved by the Department if the owner and an operator of the UST system can demonstrate that the method can detect a spill, release, or discharge as effectively as any of the methods allowed under §B(2)(b)(i)—(v) of this regulation.
C.
Piping. An owner and an operator of a UST system with a field-constructed tank that has a capacity greater than 50,000 gallons or an airport hydrant system shall comply with the release detection requirements of this section if underground piping is associated with the field-constructed tank or the airport hydrant system.
(1)
If the UST system is metered, the owner and the operator of the UST system shall perform monthly inventory control in accordance with COMAR 26.10.05.04 or an equivalent procedure that can detect a leak less than or equal to 0.5 percent of the monthly flow-through.
(2)
The owner and the operator of the UST system shall perform a method of release detection provided in COMAR 26.10.05 or at least one of the alternative methods of release detection specified in paragraphs(a)—(d) of this subsection.
(a)
Line Tightness Test.
(i)
Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with Table 1.
(ii)
If a piping segment with a volume of greater than or equal to 100,000 gallons is not capable of meeting the maximum 3.0 gph leak rate for a semiannual test, perform a line tightness test using a leak rate up to 6.0 gph in accordance with the schedule established in Table 2.
Agency Note: The leak detection rate for a test section volume may not exceed the maximum leak detection rate identified for the corresponding semiannual test or annual test.
(b)
Vapor Monitoring. Perform vapor monitoring for a tracer compound placed in the UST system that is capable of detecting a 0.1 gph leak rate at least every 2 years according to the following criteria:
(i)
Test for the tracer compound within the soil gas of the excavation zone;
(ii)
Use materials as backfill that are sufficiently porous, such as gravel, sand or crushed rock, to readily allow diffusion of tracer compound vapors released from the UST system into the excavation zone;
(iii)
Place a tracer compound in the UST system that is sufficiently volatile to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event the tracer compound vapors are released from the UST system;
(iv)
Use a method to detect tracer compound vapors that is not rendered inoperative by groundwater, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days;
(v)
Ensure that the level of background contamination in the excavation zone will not interfere with the method used to detect the tracer compound if released from the UST system;
(vi)
Use a method to detect tracer compound vapors in the excavation zone that is designed and operated to detect any significant increase in the concentration of the tracer compound vapor above background;
(vii)
In the excavation zone, assess the site to ensure compliance with the requirements §C(2)(b)(ii)—(v) of this regulation and to establish the number and positioning of testing locations that will detect tracer compound vapors released within the excavation zone from any portion of the UST system; and
(viii)
Clearly mark and secure the testing locations to avoid unauthorized access and tampering.
(c)
Inventory Control. Perform monthly inventory control in accordance with COMAR 26.10.05.04 or an equivalent procedure that can detect a leak less than or equal to 0.5 percent of the flow-through and perform one of the following methods of release detection:
(i)
Perform a line tightness test at least every 2 years in accordance with Table 1 of §C(2)(a)(i) of the regulation using the leak rates for the semiannual test; or
(ii)
Perform groundwater monitoring as a method of monthly release detection in accordance with COMAR 26.10.05.05F.
(d)
An owner and an operator of a UST system with a field-constructed tank or an airport hydrant system may use another release detection method approved by the Department if the owner and an operator of the UST system can demonstrate that the method can detect a spill, release, or discharge as effectively as any of the methods allowed §C(2)(a)—(c) of this regulation.
D.
When comparing alternative methods of release detection for approval, as provided in §§B(2)(b)(vi) and C(2)(d) of this regulation, the Department shall consider the size of release that the method can detect and the frequency and reliability of detection.
E.
Recordkeeping for Release Detection. An owner and an operator of a UST system with a field-constructed tank or an airport hydrant system shall maintain release detection records in accordance with COMAR 26.10.05.06.
F.
Notifications.
(1)
When a release detection method operated in accordance with this regulation indicates that a spill, release, or discharge may have occurred, an owner and an operator of a UST system with a field-constructed tank or an airport hydrant system shall notify the Department in accordance with COMAR 26.10.08.01.
(2)
If an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system changes the method of release detection 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.

Regulation .06 Applicability of Closure Requirements to Previously Closed UST Systems.Copy Citation

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When directed by the Department, an owner and an operator of a UST system with a field-constructed tank or an airport hydrant system that was permanently closed before June 13, 2022 shall assess the excavation zone and permanently close the UST system in accordance with COMAR 26.10.10 if a spill, release, or discharge from the UST system may, in the judgment of the Department, pose a current or potential threat to human health and the environment.

Regulation .07 Access, Reporting, and Recordkeeping.Copy Citation

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A.
An owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system shall comply with the access, reporting, and recordkeeping requirements in COMAR 26.10.04.05.
B.
An owner and an operator of an airport hydrant system shall comply with the recordkeeping requirements for the additional areas to be inspected during walkthrough inspections in accordance with Regulation .04C of this chapter and COMAR 26.10.04.03 and 26.10.04.05.
C.
An owner and an operator of a UST system with a field-constructed tank or an airport hydrant system shall comply with the recordkeeping requirements for release detection in accordance with Regulation .05E of this chapter and COMAR 26.10.04.05 and 26.10.05.06.
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 15, 1993 (20:3 Md. R. 259)
History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 224)
History: Regulation .04F amended effective December 6, 1993 (20:24 Md. R. 1865); July 15, 1996 (23:14 Md. R. 1011)
History: Regulation .04G amended effective July 15, 1996 (23:14 Md. R. 1011)
History: Regulation .05C, D amended effective December 6, 1993 (20:24 Md. R. 1865)
History: Regulation .06D amended effective July 15, 1996 (23:14 Md. R. 1011)
History: Regulation .07B amended effective July 15, 1996 (23:14 Md. R. 1011)
History: Regulation .08A, B amended effective December 6, 1993 (20:24 Md. R. 1865)
History: Regulations .01—.15 repealed and new Regulations .01—.07 adopted effective June 13, 2022 (49:12 Md. R. 642)