<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 26.10.17.07" title_num="26" subtitle_num="10" chapter_num="17" heading="Secondary Containment.">
  <paragraph num="A.">
    <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall surround the AST system with a continuous secondary containment dike that meets the requirements of this regulation if:</text>
    <paragraph num="(1)">
      <text>The shop-fabricated AST is a single-walled AST with a capacity of 10,000 gallons or greater;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The shop-fabricated AST is a double-walled AST with a capacity of 10,000 gallons or greater, unless the double-walled shop-fabricated AST meets the conditions in §B of this regulation; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department determines that the AST system poses a water pollution hazard due to its size, nature, or location.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An owner, an operator, and a person in charge of an AST system with a double-walled shop-fabricated AST is exempt from the requirement to install a secondary containment dike around the double-walled shop-fabricated AST provided the AST system:</text>
    <paragraph num="(1)">
      <text>Has overfill prevention equipment in accordance with Regulation .08 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Has a method of release detection in accordance with Regulation .09 of this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is located within a secured area; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Meets one of the following conditions:</text>
      <paragraph num="(a)">
        <text>The AST system is part of a motor fuel dispensing facility, has a storage capacity not greater than 12,000 gallons, and stores a Class I liquid;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The AST system is part of a motor fuel dispensing facility, has a storage capacity not greater than 15,000 gallons, and stores a Class II liquid; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The AST system is not part of a motor fuel dispensing facility, has a storage capacity not greater than 20,000 gallons, and stores a Class II liquid or Class III liquid.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Compliance Schedule.</text>
    <paragraph num="(1)">
      <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a new secondary containment dike shall meet the requirements in §§D—J of this regulation upon installation of the secondary containment dike.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unless otherwise provided in this regulation, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has an existing secondary containment dike shall meet the requirements in §§D—J of this regulation not later than:</text>
      <paragraph num="(a)">
        <text>2 years after June 13, 2022; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Another time period approved by the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST required under §A of this regulation to have a secondary containment dike shall ensure the secondary containment dike:</text>
    <paragraph num="(1)">
      <text>Can contain a spill, release, or discharge from an AST and connected piping within the secondary containment dike surrounding the AST until the spill, release, or discharge is detected and removed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is designed by a professional engineer;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is approved by the Department;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Is designed with consideration given to the soil and groundwater conditions at the oil storage facility or oil handling facility;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Prevents movement of oil into, near, or in an area likely to pollute waters of the State;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Provides safe ingress and egress for an individual;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Prevents water accumulation at an AST foundation;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>If the secondary containment dike surrounds two or more ASTs, is subdivided in accordance with NFPA 30 “Flammable and Combustible Liquids Code”;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>If the secondary containment dike is exposed to precipitation, is designed and constructed to effectively hold 110 percent of the maximum capacity of the largest AST in the area enclosed by the secondary containment dike; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Is constructed so that the secondary containment dike, upon testing, meets one of the following permeability criteria:</text>
      <paragraph num="(a)">
        <text>A permeability of less than 10-4 centimeters per second; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A product level drop rate of less than 1 centimeter per 3 hours.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Within 90 days of conducting a permeability test on a secondary containment dike or another time period approved by the Department, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall repair or replace a secondary containment dike that does not meet one of the permeability criteria listed in §D(10) of this regulation.</text>
  </paragraph>
  <paragraph num="F.">
    <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has an earthen secondary containment dike shall conduct permeability testing on the earthen secondary containment dike according to the following requirements:</text>
    <paragraph num="(1)">
      <text>For an existing earthen secondary containment dike that has not been previously tested for permeability, test the existing earthen secondary containment dike for permeability using an industry standard approved by the Department not later than 1 year after June 13, 2022;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Test a new earthen secondary containment dike for permeability using an industry standard approved by the Department upon completing the construction of the earthen secondary containment dike and prior to placing the AST in-service; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Submit the results of the permeability testing to the Department not later than 60 days after the test.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a secondary containment dike shall maintain written verification that the secondary containment dike meets the applicable requirements in §D—F of this regulation in accordance with Regulation .14 of this chapter.</text>
  </paragraph>
  <paragraph num="H.">
    <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a secondary containment dike shall ensure a drain valve installed in the secondary containment dike is:</text>
    <paragraph num="(1)">
      <text>Not a flapper-type valve; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Except when being used to drain trapped water in accordance with §I of this regulation, kept completely closed and locked at all times.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>When draining trapped water from a secondary containment dike, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has the secondary containment dike shall:</text>
    <paragraph num="(1)">
      <text>Ensure the drainage leaving the secondary containment dike does not have any visible evidence of oil sheen;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Designate a representative to supervise, monitor, and document each drainage event from the secondary containment dike;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Keep a log that includes the following information for each secondary containment dike drainage event:</text>
      <paragraph num="(a)">
        <text>The name of the employee supervising, monitoring, and documenting the drainage;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date of drainage event;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The time the drainage event started and ended;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The estimated volume of water drained; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A description of the water quality, such as the presence of an oil sheen; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Maintain the log required by §I(3) of this regulation in accordance with Regulation .14 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a secondary containment dike shall maintain the secondary containment dike clear and free of:</text>
    <paragraph num="(1)">
      <text>Vegetation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Flammable and combustible materials, including oil.</text>
    </paragraph>
  </paragraph>
</regulation>