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<chapter num="12" heading="UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems" title_num="26" subtitle_num="10">
  <regulation prefix="Regulation" num=".01" heading="General Requirements.">
    <paragraph num="A.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>For a UST system installed after June 13, 2022, upon installation of the UST system; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>For a UST system installed on or before June 13, 2022:</text>
        <paragraph num="(a)">
          <text>Comply with the following requirements not later than October 13, 2022:</text>
          <paragraph num="(i)">
            <text>Upgrade requirements in Regulation .03 of this chapter;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Spill and overfill control requirements in COMAR 26.10.04.01;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Operation and maintenance of corrosion protection requirements in COMAR 26.10.04.02;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Compatibility requirements in COMAR 26.10.03.07;</text>
          </paragraph>
          <paragraph num="(v)">
            <text>Requirements regarding repairs allowed on UST systems in COMAR 26.10.04.04;</text>
          </paragraph>
          <paragraph num="(vi)">
            <text>Reporting and recordkeeping requirements in Regulation .07 of this chapter and COMAR 26.10.04.05;</text>
          </paragraph>
          <paragraph num="(vii)">
            <text>Spill and overfill prevention equipment and testing requirements in COMAR 26.10.03.03;</text>
          </paragraph>
          <paragraph num="(viii)">
            <text>Periodic operation and maintenance walkthrough inspections requirements in Regulation .04 of this chapter and COMAR 26.10.04.03;</text>
          </paragraph>
          <paragraph num="(ix)">
            <text>Release detection requirements in Regulation .05 of this chapter and COMAR 26.10.05; and</text>
          </paragraph>
          <paragraph num="(x)">
            <text>Operator training requirements in COMAR 26.10.16; and</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>Comply with the following requirements on and after June 13, 2022:</text>
          <paragraph num="(i)">
            <text>Requirements for reporting, investigating, and confirming a spill, release, or discharge in COMAR 26.10.08;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Spill, release, and discharge response and corrective action requirements in COMAR 26.10.09;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Closure and change-in-service of a UST system requirements in COMAR 26.10.10;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Except as provided in §B of this regulation, UST system registration requirements in COMAR 26.10.03.09; and</text>
          </paragraph>
          <paragraph num="(v)">
            <text>Except as provided in §C of this regulation, financial responsibility requirements in COMAR 26.10.11.</text>
          </paragraph>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>The installation, upgrade, and repair of the UST system is performed by or under the supervision of a certified UST system technician;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Inspections required under COMAR 26.10.03.10 are performed by or under the supervision of a certified UST system inspector.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Exception to Piping Secondary Containment Requirements.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Upgrade Requirements.">
    <paragraph num="A.">
      <text>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.</text>
      <paragraph num="(1)">
        <text>Corrosion Protection. The owner and the operator of the UST system shall ensure the UST system components in contact with the ground:</text>
        <paragraph num="(a)">
          <text>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</text>
        </paragraph>
        <paragraph num="(b)">
          <text>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:</text>
          <paragraph num="(i)">
            <text>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</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>Immediately place the UST system in temporary closure in accordance with COMAR 26.10.10.01; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Walkthrough Inspections.">
    <paragraph num="A.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>Inspect hydrant pits by:</text>
        <paragraph num="(a)">
          <text>Visually checking for any damage;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Removing any liquid or debris; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Checking for evidence of a spill, release or discharge; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Inspect hydrant piping vaults and sumps by checking for evidence of a spill, release or discharge from hydrant piping.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>An owner and an operator of an airport hydrant system shall inspect the additional areas required in §A of this regulation:</text>
      <paragraph num="(1)">
        <text>Monthly if confined space entry according to the Occupational Safety and Health Administration is not required; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>At least annually if confined space entry according to the Occupational Safety and Health Administration is required.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Release Detection.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Field-Constructed Tanks.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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:</text>
        <paragraph num="(a)">
          <text>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</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Perform release detection in accordance with COMAR 26.10.05 or by using at least one of the following alternative methods of release detection:</text>
          <paragraph num="(i)">
            <text>Conduct an annual tank tightness test that can detect a 0.5 gallon per hour (gph) leak rate;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Perform vapor monitoring in accordance with §C(2)(b) of this regulation;</text>
          </paragraph>
          <paragraph num="(v)">
            <text>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</text>
          </paragraph>
          <paragraph num="(vi)">
            <text>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.</text>
          </paragraph>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
        <paragraph num="(a)">
          <text>Line Tightness Test.</text>
          <paragraph num="(i)">
            <text>Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with Table 1.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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.</text>
          </paragraph>
          <aftertext>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.</aftertext>
        </paragraph>
        <paragraph num="(b)">
          <text>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:</text>
          <paragraph num="(i)">
            <text>Test for the tracer compound within the soil gas of the excavation zone;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(v)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(vi)">
            <text>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;</text>
          </paragraph>
          <paragraph num="(vii)">
            <text>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</text>
          </paragraph>
          <paragraph num="(viii)">
            <text>Clearly mark and secure the testing locations to avoid unauthorized access and tampering.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>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:</text>
          <paragraph num="(i)">
            <text>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</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Perform groundwater monitoring as a method of monthly release detection in accordance with COMAR 26.10.05.05F.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(d)">
          <text>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.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Notifications.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Applicability of Closure Requirements to Previously Closed UST Systems.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Access, Reporting, and Recordkeeping.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="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</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: February 15, 1993 (20:3 Md. R. 259)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 224)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04F amended effective December 6, 1993 (20:24 Md. R. 1865); July 15, 1996 (23:14 Md. R. 1011)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04G amended effective July 15, 1996 (23:14 Md. R. 1011)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .05C, D amended effective December 6, 1993 (20:24 Md. R. 1865)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .06D amended effective July 15, 1996 (23:14 Md. R. 1011)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .07B amended effective July 15, 1996 (23:14 Md. R. 1011)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .08A, B amended effective December 6, 1993 (20:24 Md. R. 1865)</annotation>
    <annotation type="History" subtype="Administrative History">Regulations .01—.15 repealed and new Regulations .01—.07 adopted effective June 13, 2022 (49:12 Md. R. 642)</annotation>
  </annotations>
</chapter>