# COMAR Title 26 — Department of the Environment ## Subtitle 10 — Oil Pollution Control and Storage Tank Management ### Chapter 17 — Shop-Fabricated Aboveground Storage Tanks **Authority:** Environment Article, §§4-401—4-403, 4-405, 4-406, 4-408, 4-410—4-412, 4-415-1—4-418, 4-501, and 4-502, Annotated Code of Maryland **Administrative History:** Effective date: June 13, 2022 (49:12 Md. R. 642) #### Regulation .01 Scope. *COMAR 26.10.17.01* A. This chapter applies to an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that is used or may be used to store oil at an oil storage facility or oil handling facility. B. An owner, an operator, and a person in charge of an AST system subject to the requirements in this chapter shall meet all applicable requirements under COMAR 26.10.01 for an oil storage facility or oil handling facility. C. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST used for storing asphalt only is exempt from the following requirements of this chapter: (1) Unless otherwise directed by the Department, the secondary containment requirements in Regulation .07 of this chapter; (2) The spill and overfill prevention requirements in Regulation .08 of this chapter; (3) The release detection requirements in Regulation .09 of this chapter; and (4) The emergency venting requirement in Regulation .11B of this chapter if the AST system has a capacity greater than 12,000 gallons and is not located in: (a) A secondary containment dike with another AST system storing a Class I liquid or Class II liquid; or (b) The drainage path of another AST system storing a Class I liquid or Class II liquid. #### Regulation .02 Definitions. *COMAR 26.10.17.02* A. In this chapter: (1) A term in §B of this regulation has the meaning indicated; and (2) A term not defined in §B of this regulation has: (a) The meaning given to the term in a relevant statute or COMAR 26.10.01 or 26.10.02; or (b) If not defined in a relevant statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by common use. B. Terms Defined. (1) “AST” has the meaning stated in COMAR 26.10.01.02B. (2) “AST system” has the meaning stated in COMAR 26.10.01.02B. (3) “Certified inspector” includes one of the following individuals certified to perform an inspection on a shop-fabricated AST: (a) An authorized inspector, as defined in COMAR 26.10.18.02B, with an adjunct certification, as specified in STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”; or (b) A certified AST tank system inspector, as specified in STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”. (4) “Double-walled AST” means an AST that: (a) Is manufactured as a storage tank within a storage tank; and (b) Has an interstitial space between the primary storage tank and secondary storage tank walls that allows for: (i) Tightness testing of both storage tank walls; and (ii) Monitoring of the interstitial space for a release from the primary storage tank. (5) “Elevated AST” means an AST that is not in direct contact with soil by either: (a) Being raised above the surface of the ground or bottom of a vault using supports designed to secure and support the AST from collapse when containing oil; or (b) Resting on a surface material that does not allow moisture penetration or corrosion, such as concrete or steel. (6) “Existing” means the installation or construction of an AST, an AST system, or a secondary containment dike was complete before June 13, 2022. (7) “External inspection” means a formal inspection of an AST conducted by a certified inspector in accordance with STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks” to assess the condition of the AST to determine its suitability for continued service without entry into the AST interior. (8) “Formal inspection” means a documented external inspection or internal inspection of an AST conducted by a certified inspector in accordance with STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”. (9) Internal Inspection. (a) “Internal inspection” means a formal inspection of an AST conducted by a certified inspector in accordance with STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks” to assess the internal and external condition of the AST to determine its suitability for continued service. (b) “Internal inspection” includes the requirements of an external inspection in STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”. (10) Interstitial Space. (a) “Interstitial space” means: (i) The space in a double-walled AST between the primary and secondary storage tank walls; or (ii) The space in a double-bottom AST that provides an open or closed void to allow monitoring for a release between two storage tank bottoms. (b) “Interstitial space” includes an interstice and an annular space. (11) “Maximum working level” means the liquid level of a shop-fabricated AST that should not be exceeded during normal filling procedures and is below the activation level of any overfill prevention equipment. (12) “New” means the installation or construction of an AST, an AST system, or a secondary containment dike was complete on or after June 13, 2022. (13) Out-of-Service. (a) “Out-of-service” means an AST system in which the owner, the operator, and the person in charge of the AST system has: (i) Emptied the AST system of all oil and sludge; and (ii) Designated the AST system as out-of-service in accordance with Regulation .13 of this chapter. (b) “Out-of-service” includes a change-in-service in which an AST system is emptied of all oil and sludge in order to store a non-oil product. (14) “Overfill” means an occurrence when an AST is filled beyond the overfill level and may result in a spill, release, or discharge of oil. (15) “Overfill level” means the maximum design capacity of a shop-fabricated AST as determined by the AST manufacturer. (16) “Repair” means work necessary to maintain or restore an AST system to a safe operating condition using industry approved standards. (17) Secondary Containment Dike. (a) “Secondary containment dike” means a secondary containment system that confines a spill, release, or discharge of oil from an AST or piping within the secondary containment system. (b) “Secondary containment dike” includes diking and a dike. (18) “Secured area” means an area of an oil storage facility or oil handling facility where the owner, the operator, and the person in charge of the facility protects oil storage operations and oil handling operations from unauthorized access by: (a) Providing appropriate security around an AST system, including fencing; (b) Marking an AST system with the fire hazard category for the type of product stored; (c) Posting “No Trespassing” signs; and (d) Providing an adequate security lighting system to: (i) Prevent acts of vandalism; and (ii) Assist in the detection of spills, releases, and discharges. (19) “Shop-fabricated AST” means a welded carbon steel or stainless steel AST fabricated in a manufacturing facility, or an AST not otherwise identified as field-erected. (20) “Vault” means an enclosure that: (a) May be located above or below grade; (b) Consists of four walls, a floor, and a top for the purpose of containing an AST; (c) Allows for the inspection, repair, or maintenance of the vault and an AST; and (d) Is not intended to be occupied by an individual for an extended period of time. (21) “Vaulted AST” means an AST enclosed within a vault. #### Regulation .03 General Requirements. *COMAR 26.10.17.03* A. An owner, an operator, and a person in charge of a new or relocated AST system with a shop-fabricated AST shall ensure the new or relocated AST system meets the requirements of this chapter. B. Unless otherwise specified in this chapter, an owner, an operator, and a person in charge of an existing AST system with a shop-fabricated AST shall ensure the existing AST system meets the requirements of this chapter not later than: (1) 2 years after June 13, 2022; or (2) Another time period approved by the Department. C. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall comply with the following permit, license, or approval requirements, when applicable: (1) Obtain an Individual Oil Operations Permit or comply with the General Oil Operations Permit conditions, in accordance with COMAR 26.10.01.09; (2) Obtain a State discharge permit or National Pollution Discharge Elimination System permit, in accordance with COMAR 26.08.04; (3) Obtain an Oil Transfer License, in accordance with COMAR 26.10.01.08; (4) Obtain an Air Quality Permit to Construct, in accordance with COMAR 26.11.02; (5) Obtain a State Air Quality Permit to Operate, in accordance with COMAR 26.11.02; and (6) Comply with any other applicable federal, State, or local government permit, license, or approval requirements. D. Notwithstanding the compliance schedule in §B of this regulation, an owner, an operator, and a person in charge of an AST system shall register and maintain up-to-date registration of the AST system with the Department in accordance with the procedures and schedule in COMAR 26.10.01.10. E. Wetlands and Waterways. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Prior to installing a new or replacement AST system or secondary containment dike, obtain any applicable wetland and waterways authorization stated in COMAR 26.10.01.04E; and (2) If installing the AST system in a location subject to flooding, protect the shop-fabricated AST from flotation by anchoring the storage tank in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”. #### Regulation .04 Performance Standards for Vaulted Shop-Fabricated ASTs. *COMAR 26.10.17.04* An owner, an operator, and a person in charge of an AST system that installs a shop-fabricated AST in a vault shall: A. Construct a UL listed vault; B. Ensure the vault and the vaulted AST comply with the design, construction, installation, and operation requirements of: (1) This regulation; (2) NFPA 30 “Flammable and Combustible Liquids Code”; (3) If the vaulted AST is used as part of a motor fuel dispensing facility, NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”; and (4) NFPA 70 “National Electrical Code” for all electrical wiring; C. Ensure the vaulted AST is: (1) UL listed for aboveground use and for the type of product being stored; (2) Completely enclosed in the vault; and (3) Not partially or entirely covered by backfill; D. Provide venting for the vault and the vaulted AST according to the following requirements: (1) If the AST stores a Class I liquid, vent the vault in accordance with NFPA 30 “Flammable and Combustible Liquids Code”; (2) Terminate a normal vent for the vaulted AST: (a) Outside of the vault; (b) At least 12 feet above ground level; and (c) At least 5 feet from a building opening; (3) A normal vent for the vaulted AST may not terminate in a location that allows vapors to be trapped by the eaves of a building; (4) Ensure that an emergency vent for the vaulted AST is vapor-tight and allows for the venting of vapors inside of the vault; and (5) Do not use a long-bolt manhole cover as an emergency vent for the vaulted AST; E. Install vapor and liquid detection systems in the vault that meet the following requirements: (1) The vapor detection system: (a) Is equipped with an on-site alarm that has a battery backup; (b) Has vapor detectors located not higher than 12 inches above the lowest point in the vault; and (c) Is set to alarm when vapors reach or exceed 25 percent of the lower flammable limit of the oil stored; (2) The liquid detection system is: (a) Set to alarm upon detection of a liquid; and (b) Located in accordance with the liquid detection system manufacturer’s instructions; and (3) The vapor and liquid detection systems required under §E(1) and (2) of this regulation are designed so that if either system alarms, a signal alerts the owner, the operator, and the person in charge of the AST system: (a) At a constantly attended location where the vaulted AST is located; or (b) At another location that is continually monitored; and F. Ensure the vaulted shop-fabricated AST complies with the spill and overfill prevention requirements in Regulation .08 of this chapter. #### Regulation .05 Performance Standards for AST Systems with a Shop-Fabricated AST. *COMAR 26.10.17.05* An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: A. Ensure the AST system is: (1) Properly selected for the oil storage application and type of oil stored; and (2) Constructed to an industry standard, including a UL, STI or API standard; B. Ensure the foundation for a stationary shop-fabricated AST is: (1) Constructed to: (a) Support the AST; (b) Prevent movement and uneven settlement of the foundation and the AST; and (c) Provide positive drainage of water away from the foundation; (2) Capable of supporting the soil-bearing pressure of the AST and its contents; and (3) Designed by a qualified professional engineer using field and laboratory testing and analyses, if the AST system is located in an area subject to flooding; C. Install an elevated AST system, unless: (1) An alternate AST system is approved by the Department in writing; and (2) The owner, the operator, and the person in charge of the alternate AST system installs, tests, and maintains a cathodic protection system in accordance with Regulation .10 of this chapter; and D. Test a new, repaired, or relocated AST system for tightness in accordance with NFPA 30 “Flammable and Combustible Liquids Code”: (1) Upon completing the installation or repair of the AST system; and (2) Before placing the AST system in-service. #### Regulation .06 Performance Standards for Piping. *COMAR 26.10.17.06* An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: A. If installing or relocating a shop-fabricated AST on or after June 13, 2022, install piping that does not penetrate a secondary containment dike, unless otherwise approved by the Department; B. Ensure an existing shop-fabricated AST meets the following requirements: (1) For piping connected to an AST penetrating a secondary containment dike: (a) Obtain approval from the Department to leave the piping in place; or (b) Properly abandon and replace the piping not later than 1 year after June 13, 2022 with piping that does not penetrate the secondary containment dike; and (2) For underground piping connected to an AST, ensure the piping complies with the underground piping requirements in §E of this regulation not later than 1 year after June 13, 2022; C. Ensure an aboveground piping system connected to a shop-fabricated AST is: (1) Constructed of carbon steel, alloy steel, or stainless steel piping; (2) Compatible with the type of oil transferred in the piping; (3) Designed and constructed in accordance with recognized industry standards; (4) Liquid tight; (5) Properly supported by permanent bracing to prevent structural weaknesses; and (6) Protected against physical damage; D. Ensure a piping system installed aboveground or inside of a building is not constructed with: (1) Low melting point materials, such as aluminum, copper, or brass; (2) Materials that soften on fire exposure, such as plastics; or (3) Non-ductile materials, such as cast iron; E. If installing an underground piping system, comply with the following requirements: (1) Install the piping system, including containment sumps, in accordance with the performance standards in COMAR 26.10.03.02 and .03A(3); (2) Installation of the piping system is performed in the continuous on-site presence and under the direction of a certified UST system technician, as required under COMAR 26.10.02.03D; (3) Test the piping system for tightness in accordance with COMAR 26.10.03.05 and 26.10.05.02D; (4) Test the containment sumps for tightness in accordance with COMAR 26.10.03.03A(3); (5) Provide a method of leak detection in accordance with COMAR 26.10.05.02D; (6) Maintain the containment sumps clean and free of liquid; and (7) If a test for tightness conducted in accordance with §E(3) or (4) of this regulation results in a failed test result or a leak is found: (a) Report the failed test result to the Department within 2 hours in accordance with COMAR 26.10.08.01; and (b) Follow the investigation and confirmation procedures in COMAR 26.10.08.03, including making repairs and retesting the piping system and containment sumps for tightness. #### Regulation .07 Secondary Containment. *COMAR 26.10.17.07* A. 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: (1) The shop-fabricated AST is a single-walled AST with a capacity of 10,000 gallons or greater; (2) 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 (3) The Department determines that the AST system poses a water pollution hazard due to its size, nature, or location. B. 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: (1) Has overfill prevention equipment in accordance with Regulation .08 of this chapter; (2) Has a method of release detection in accordance with Regulation .09 of this chapter; (3) Is located within a secured area; and (4) Meets one of the following conditions: (a) 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; (b) 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 (c) 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. C. Compliance Schedule. (1) 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. (2) 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: (a) 2 years after June 13, 2022; or (b) Another time period approved by the Department. D. 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: (1) 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; (2) Is designed by a professional engineer; (3) Is approved by the Department; (4) Is designed with consideration given to the soil and groundwater conditions at the oil storage facility or oil handling facility; (5) Prevents movement of oil into, near, or in an area likely to pollute waters of the State; (6) Provides safe ingress and egress for an individual; (7) Prevents water accumulation at an AST foundation; (8) If the secondary containment dike surrounds two or more ASTs, is subdivided in accordance with NFPA 30 “Flammable and Combustible Liquids Code”; (9) 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 (10) Is constructed so that the secondary containment dike, upon testing, meets one of the following permeability criteria: (a) A permeability of less than 10-4 centimeters per second; or (b) A product level drop rate of less than 1 centimeter per 3 hours. E. 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. F. 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: (1) 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; (2) 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 (3) Submit the results of the permeability testing to the Department not later than 60 days after the test. G. 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. H. 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: (1) Not a flapper-type valve; and (2) Except when being used to drain trapped water in accordance with §I of this regulation, kept completely closed and locked at all times. I. 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: (1) Ensure the drainage leaving the secondary containment dike does not have any visible evidence of oil sheen; (2) Designate a representative to supervise, monitor, and document each drainage event from the secondary containment dike; (3) Keep a log that includes the following information for each secondary containment dike drainage event: (a) The name of the employee supervising, monitoring, and documenting the drainage; (b) The date of drainage event; (c) The time the drainage event started and ended; (d) The estimated volume of water drained; and (e) A description of the water quality, such as the presence of an oil sheen; and (4) Maintain the log required by §I(3) of this regulation in accordance with Regulation .14 of this chapter. J. 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: (1) Vegetation; and (2) Flammable and combustible materials, including oil. #### Regulation .08 Spill and Overfill Prevention. *COMAR 26.10.17.08* A. To prevent a spill, release, or discharge of oil due to an overfill of a shop-fabricated AST, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Establish written procedures for filling the AST and maintain the procedures at the oil storage facility or oil handling facility; (2) Ensure the AST is: (a) Normally filled to a level that does not exceed the maximum working level of the AST; and (b) Never filled to the overfill level of the AST; and (3) If required under NFPA 30 “Flammable and Combustible Liquids Code” or §G of this regulation, install, operate, inspect, maintain, and test overfill prevention equipment in accordance with: (a) The requirements of this regulation and Regulation .12 of this chapter; (b) NFPA 30 “Flammable and Combustible Liquids Code”; and (c) PEI RP 600 “Recommended Practices for Overfill Prevention for Shop-Fabricated Aboveground Tanks”. B. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST may not use overfill prevention equipment: (1) To control AST filling operations at an oil storage facility or oil handling facility; or (2) That restricts or interferes with the functioning of the normal or emergency vent of the AST. C. In accordance with COMAR 26.10.08.04, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST and a responsible party shall: (1) Report and investigate a spill, release, or discharge from the AST system or an overfill; and (2) Remediate the spill, release, or discharge or the overfill. D. Delivery and Transfer Operations. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Confirm that the ullage available in the AST is greater than the volume of oil to be transferred to the AST before a delivery or transfer begins; (2) During a delivery or transfer operation, ensure: (a) A spill, release, or discharge of oil does not occur due to overfilling the AST or spilling oil during the transfer; and (b) The delivery or transfer operation is constantly monitored to prevent overfilling of the AST and spilling of oil; (3) Ensure the delivery or transfer operation is conducted in accordance with the requirements in COMAR 26.10.01.16—.18 and NFPA 385 “Standard for Tank Vehicles for Flammable and Combustible Liquids”; and (4) If the delivery is by truck tank or transport with a cargo tank capacity of 500 gallons or greater, confirm the company making an oil delivery or transfer holds a valid Individual Oil Operations Permit from the Department in accordance with COMAR 26.10.01.09. E. Liquid Level Measurements. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Gauge the liquid level and record the measurements in writing before filling the AST; and (2) Maintain the records required under §E(1) of this regulation in accordance with Regulation .14 of this chapter. F. Tank Gauge. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Equip the shop-fabricated AST with a tank gauge or other equivalent monitoring device that is: (a) Directly visible during a transfer operation; (b) Accurately measures the level or quantity of oil in the AST; (c) Independent of any overfill prevention equipment; and (d) Maintained in working order; (2) Install and maintain the tank gauge or other equivalent monitoring device in accordance with the manufacture’s specifications; and (3) Inspect and calibrate the tank gauge or other equivalent monitoring device at least once per year. G. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a storage capacity of 10,000 gallons or greater and is not located within a secondary containment dike shall install the following overfill prevention equipment on the AST system: (1) An overfill alarm that: (a) Has a test function to allow the operability of the device to be confirmed prior to each delivery or transfer of oil; (b) Consists of a visual alarm and an audible alarm that alerts an individual involved in the oil delivery or transfer operation; and (c) Goes into alarm when the liquid level in the AST reaches 90 percent of the overfill level and upon failure or malfunction of the overfill device; and (2) An automatic shut-off device that: (a) Has a test function to allow the operability of the device to be confirmed prior to each delivery or transfer of oil; (b) Automatically shuts off the flow of oil into the AST when the liquid level reaches 95 percent of the overfill level; and (c) Is equipped with a fail-safe mechanism that will trigger an alarm and shut off the flow of oil into the AST in the event of a device failure or malfunction. H. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST using overfill prevention equipment shall: (1) At least monthly, inspect and perform maintenance of overfill protection equipment in accordance with the manufacturer’s instructions; and (2) At least annually, perform functional testing of overfill protection equipment in accordance with the manufacturer’s instructions. I. Labeling. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Provide the following labeling on the AST system: (a) The storage capacity of the AST in gallons; (b) The type of oil stored or last stored in the AST prior to being placed out-of-service; (c) A proper NFPA 704 “Standard System for the Identification of the Hazards of Materials for Emergency Response” placard; and (d) If the AST system was placed out-of-service in accordance with Regulation .13 of this chapter, the words “OUT-OF-SERVICE” or “EMPTY”; and (2) Permanently and clearly mark the shop-fabricated AST with the information listed in §I(1) of this regulation on, not less than two sides of the AST and in locations that are highly visible to employees of an oil storage facility or oil handling facility, contractors, government representatives, and emergency response personnel. J. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall maintain records related to spill and overfill prevention measures required under this regulation in accordance with Regulation .14 of this chapter. #### Regulation .09 Release Detection. *COMAR 26.10.17.09* A. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall provide a method or combination of release detection methods that detect a spill, release, or discharge from the AST system through: (1) Visual inspections of the AST system in accordance with Regulation .12 of this chapter; (2) A continuous electronic release detection system; or (3) A continuous mechanical release detection system. B. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST using a continuous electronic or mechanical release detection system shall: (1) Install, calibrate, operate, and maintain the release detection system in accordance with the manufacturer’s instructions; and (2) At least annually: (a) Perform routine maintenance on the release detection system; (b) Check the release detection system for operability at scheduled service checks; and (c) Per the manufacturer’s specifications, inspect, field-test, or calibrate the release detection system to verify that the selected release detection method is being maintained and operated properly to detect a spill, release, or discharge. C. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall monitor underground piping connected to the AST for spill, releases, and discharges in accordance with COMAR 26.10.05.02D. #### Regulation .10 Corrosion Protection. *COMAR 26.10.17.10* A. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a capacity less than 10,000 gallons shall install an elevated AST so that the storage tank is not in direct contact with soil or another material that may allow moisture penetration or corrosion. B. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a capacity of 10,000 gallons or greater, is not an elevated AST, and in direct contact with soil or another material that may allow moisture penetration or corrosion shall: (1) Provide one of the following cathodic protection systems: (a) An impressed current system; (b) A galvanic system; or (c) Subject to the approval of the Department, an alternative method of corrosion protection that is: (i) Designed to prevent a spill, release, or discharge of oil or a threatened spill, release, or discharge of oil in a manner determined by the Department to be not less protective of human health and the environment than the methods in §B(1)(a) and (b) of this regulation; and (ii) Approved by a corrosion expert; and (2) Provide a cathodic protection system that is: (a) Designed by a corrosion expert; (b) Designed and tested, at a minimum, in accordance with the following industry standards and recommended practices: (i) NACE SP0169-2013 “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; (ii) NACE SP0193-2016 “Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms”; (iii) NACE TM0497-2018 “Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems”; and (iv) API Recommended Practice 651 “Cathodic Protection of Aboveground Petroleum Storage Tanks”; (c) Designed and installed to provide continuous corrosion protection to the external portion of the AST and other metal components of the AST system in contact with soil or other materials that may allow corrosion; (d) Installed with easily identifiable test stations, access points, or other methods to monitor the operation and functionality of the cathodic protection system; and (e) Continuously operated and maintained for the in-service and out-of-service life of the AST system. C. Impressed Current System. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST system protected by an impressed current system shall: (1) Install, operate, maintain, inspect, and test the impressed current system in accordance with the requirements of this section; (2) Ensure the impressed current source is not de-energized at any time except to perform service work on the AST system; (3) Ensure the impressed current source is equipped with a continuously operating meter that displays the voltage, amperage, and operating (run) time; (4) At least once every 60 days: (a) Inspect the impressed current system to ensure the cathodic protection system is functioning properly by: (i) Verifying the power source to the impressed current system is on; and (ii) Recording the voltage, amperage, and operating time; and (b) Record and maintain the inspection results in accordance with Regulation .14 of this chapter; (5) At least annually: (a) Have a cathodic protection tester inspect and test: (i) The impressed current system for electrical shorts, ground connections, meter accuracy, and circuit resistance; and (ii) The condition of the impressed current system’s isolating devices, continuity bonds, and insulators; and (b) Record and maintain the results of the inspection and test in accordance with Regulation .14 of this chapter; (6) Have a corrosion expert inspect the impressed current system in accordance with an industry standard or recommended practice listed in §B(2) of this regulation: (a) When the impressed current system is 5 years of age; and (b) Every 5 years thereafter; (7) Provide a complete report for an inspection performed pursuant to §C(6) of this regulation to the Department and maintain a copy of the report in accordance with Regulation .14 of this chapter; (8) Except as provided in §C(9) of this regulation, if the protection provided by an impressed current system is determined to be inadequate to properly protect the AST system: (a) Employ a corrosion expert to determine the cause of the inadequacy within 30 days of the discovery; and (b) Either: (i) Complete repairs of the impressed current system within 60 days of the discovery or on a schedule approved by the Department; or (ii) If repairs cannot return the impressed current system to adequate performance, replace the impressed current system within 120 days of the discovery or on a schedule approved by the Department; and (9) If an impressed current system determined to be inadequate to provide proper protection to the AST system cannot be repaired or replaced in accordance with §C(8) of this regulation: (a) Empty all oil in contact with the portion of the AST system inadequately protected by the impressed current system; and (b) Place the AST system out-of-service in accordance with Regulation .13 of this chapter. D. Galvanic System. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST system protected by a galvanic system shall: (1) Install, operate, maintain, inspect, and test the galvanic system in accordance with the requirements of this section; (2) Comply with the following inspection and test requirements: (a) A cathodic protection tester shall inspect and test the galvanic system in accordance with an industry standard or recommended practice listed in §B(2) of this regulation: (i) Within 6 months of installing the galvanic system; and (ii) At least annually thereafter; (b) A cathodic protection tester conducting an annual inspection shall make and record a sufficient number of AST-to-soil and underground piping-to-soil potential measurements to determine if the AST system is completely protected in accordance with an industry standard or recommended practice listed in §B(2) of this regulation; and (c) Maintain records of the AST-to-soil and underground piping-to-soil potential measurements in accordance with Regulation .14 of this chapter; (3) Except as provided under §D(4) of this regulation, if the protection provided by a galvanic system is determined to be inadequate to properly protect the AST system: (a) Employ a corrosion expert to determine the cause of the inadequacy within 30 days of the discovery; and (b) Either: (i) Complete repairs of the galvanic system within 60 days of the discovery or on a schedule approved by the Department; or (ii) If repairs cannot return the galvanic system to adequate performance, replace the galvanic system within 120 days of the discovery or on a schedule approved by the Department; and (4) If a galvanic system determined to be inadequate to provide proper protection to the AST system cannot be repaired or replaced in accordance with §D(3) of this regulation: (a) Empty all oil in contact with the portion of the AST system inadequately protected by the galvanic system; and (b) Place the AST system out-of-service in accordance with Regulation .13 of this chapter. #### Regulation .11 Normal and Emergency Venting. *COMAR 26.10.17.11* A. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall ensure the normal venting for the shop-fabricated AST meets the following requirements: (1) Design and construct the normal venting in accordance with one of the following industry standards: (a) UL 142 “Standard for Safety, Steel Aboveground Tanks for Flammable and Combustible Liquids”; or (b) API Standard 2000 “Venting Atmospheric and Low-pressure Storage Tanks”; (2) The normal venting requirements for ASTs listed in NFPA 30 “Flammable and Combustible Liquids Code”; and (3) Vent an atmospheric pressure AST to prevent the development of vacuum or pressure above a 1.0 psi (6.9 kPa) maximum operating pressure. B. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall ensure the emergency venting for the shop-fabricated AST meets the following requirements: (1) Design and construct emergency venting in accordance with one of the following industry standards: (a) UL 142 “Standard for Safety, Steel Aboveground Tanks for Flammable and Combustible Liquids”; or (b) API Standard 2000 “Venting Atmospheric and Low-pressure Storage Tanks”; and (2) Emergency venting meets the requirements in NFPA 30 “Flammable and Combustible Liquids Code”. #### Regulation .12 Inspection Requirements for an AST System. *COMAR 26.10.17.12* A. Periodic Visual Inspections. (1) An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall conduct periodic visual inspections in accordance with: (a) The inspection procedures under §A(2) or (3) of this regulation; and (b) The recordkeeping requirements under §A(4) and (5) of this regulation. (2) An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST may meet the visual inspections requirement in §A(1) of this regulation by, at a minimum: (a) Inspecting for the following conditions monthly: (i) Signs of spills, releases, or discharges from any portion of the AST system; (ii) Water in the secondary containment dike and AST or, if a double-walled AST, the primary storage tank and interstice; (iii) The condition of the secondary containment dike, including drain valves; (iv) Signs of shell distortion; (v) Signs of settlement; (vi) Signs of corrosion; (vii) The condition of the AST foundation or supports; (viii) The condition of the exterior coating of the AST system; (ix) The condition of seams, rivets, and nozzle connections; (x) The condition of valves, pumps, piping, and other appurtenances directly connected to the AST; (xi) The condition of the tank gauge or an equivalent monitoring device; (xii) The condition of release detection systems; and (xiii) The condition of overfill protection equipment; (b) Inspecting containment sumps associated with an underground piping system monthly by: (i) Checking for evidence of a spill, release or discharge; and (ii) Removing any liquid or debris; and (c) Removing any water found during the monthly inspection from the secondary containment dike and AST or, if a double-walled AST, the primary storage tank and interstice. (3) An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST may meet the periodic visual inspections requirement in §A(1) of this regulation by conducting periodic AST inspections in accordance with STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”. (4) An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall maintain the following records related to periodic visual inspections: (a) If the AST system was inspected in accordance with §A(2) of this regulation, a written log or electronic record that includes: (i) The date of the inspection; (ii) The name and title of the individual performing the inspection; (iii) A description of each deficiency found; (iv) The name and title of the individual notified of the deficiencies found; and (v) A record of how and when the deficiencies were corrected; and (b) If the AST system was inspected in accordance with §A(3) of this regulation, the completed monthly and annual inspection checklists in STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”. (5) An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall maintain the records required in §A(4) of this regulation in accordance with Regulation .14 of this chapter. B. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall conduct corrosion protection system inspections in accordance with Regulation .10 of this chapter. C. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Inspect and clean normal and emergency vents for the shop-fabricated AST annually; and (2) Maintain records of the vent inspection and cleaning required in §C(1) of this regulation in accordance with Regulation .14 of this chapter. D. Formal Inspections and Leak Testing. In accordance with the procedures in STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility operating under an Individual Oil Operations Permit required under COMAR 26.10.01.09A shall: (1) As described in Section 5.0 of STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”, determine the formal inspection and leak testing schedule by the shop-fabricated AST size and category; (2) Have a certified inspector conduct formal external inspections and formal internal inspections on a shop-fabricated AST; (3) Have properly trained personnel conduct leak tests on a shop-fabricated AST in conjunction with a certified inspector conducting formal inspections on the shop-fabricated AST; and (4) Comply with the formal inspection report requirements under §E of this regulation. E. Formal Inspection Report. (1) The certified inspector that conducts a formal external inspection or formal internal inspection of a shop-fabricated AST in accordance with §D of this regulation shall complete a final report for the formal inspection that, at a minimum: (a) Includes field data, measurements, pictures, drawings, tables, and an inspection summary; (b) Identifies unacceptable conditions and recommends corrective actions; (c) Determines the suitability of the AST for continued service per Section 10.0 of STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”; (d) Includes the date of the next scheduled formal external inspection or formal internal inspection; and (e) Includes the name and STI SP001 certification number of the certified inspector. (2) An owner, an operator, and a person in charge of an oil storage facility described in §D of this regulation shall: (a) Include the leak test results and supporting data in the final report for a shop-fabricated AST required under §E(1) of this regulation; and (b) Maintain the final reports completed for each formal inspection and leak test conducted on a shop-fabricated AST in accordance with Regulation .14 of this chapter. #### Regulation .13 Out-of-Service and Permanent Closure. *COMAR 26.10.17.13* A. The requirements of this regulation apply to an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST required under COMAR 26.10.01.10 to register the AST system with the Department. B. Out-of-Service. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall complete each of the following steps to place the AST system out-of-service: (1) Remove all oil from the AST system; (2) Isolate all piping connected to the AST; (3) Remove all waste materials from the AST system, including storage tank-bottom sludge, and dispose of these materials in compliance with applicable federal, State, and local laws; (4) Purge all petroleum vapors and maintain the AST system vapor free; (5) Secure the AST system to prevent unauthorized entrance or tampering; (6) Protect the AST system from flotation; (7) Continue the operation and maintenance of corrosion protection on the AST system in accordance with Regulation .10 of this chapter; (8) Lock the fill port; (9) Label the AST using lettering at least 3 inches high, in a readily visible location on the AST, with the following information: (a) Date the AST was placed out-of-service; (b) Name of product last stored; and (c) The words “OUT-OF-SERVICE” or “EMPTY”; and (10) Notify the Department in writing 30 days before placing the AST system out-of-service. C. Return to In-Service. An owner, an operator, and a person in charge of an out-of-service AST system with a shop-fabricated AST shall complete each of the following steps prior to placing the AST system in-service: (1) If a formal inspection and leak test was due to occur while the AST system was out-of-service, conduct a formal inspection and leak test of the AST system in accordance with Regulation .12 of this chapter; (2) Test all connected piping and appurtenances to ensure a spill, release, or discharge will not occur; (3) Maintain a copy of all corrosion protection system and formal inspection and testing reports, including the findings of inspections and tests and repairs performed, and provide a copy to the Department upon request; and (4) Notify the Department in writing 30 days before placing the AST system in-service. D. Permanent Closure. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall permanently close the AST system in accordance with the following requirements: (1) At least 30 days before beginning the permanent closure of the AST system: (a) Notify the Department in writing of the planned AST system permanent closure; and (b) Submit to the Department for approval a proposed sampling plan for a site assessment to determine if there is evidence of a spill, release, or discharge where contamination is most likely to be present, which includes the sampling of, at a minimum, the following areas of the AST site: (i) Within and immediately outside of the secondary containment dike, if present; (ii) Within the footprint of the removed AST; and (iii) Beneath underground piping associated with the removed AST; (2) Place the AST system out-of-service in accordance with §B of this regulation; (3) Comply with PEI RP 1700 “Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems”; (4) Disconnect and remove all aboveground piping associated with the AST system; (5) Disconnect and remove all underground piping associated with the AST system: (a) Under the continuous on-site presence and direction of a certified UST system technician or remover; and (b) In accordance with the UST system permanent closure procedures in COMAR 26.10.10.02D; (6) Remove the AST and associated piping from the site; and (7) Within 45 days of completing the permanent closure and approved site assessment, submit a closure report to the Department detailing: (a) The AST closure activities; and (b) The results of the sampling event, including a map identifying sample locations, laboratory results, summary of findings, and conclusions. E. Change-in-Service. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST placing the AST system out-of-service in order to store a non-oil product in the AST system shall: (1) Notify the Department in writing at least 30 days before placing the AST system out-of-service; and (2) Place the AST system out-of-service in accordance with the requirements of the Department. F. Upon completing an out-of-service activity specified §§B—E of this regulation, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: (1) Within 30 days, amend the AST system registration with the Department in accordance with COMAR 26.10.01.10; and (2) If the oil storage facility or oil handling facility is required under COMAR 26.10.01.09 to be operated under an Individual Oil Operation Permit, submit a request to modify the Individual Oil Operations Permit in accordance with COMAR 26.10.01.12. #### Regulation .14 Recordkeeping. *COMAR 26.10.17.14* An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall: A. Maintain the records required under this chapter at the oil storage facility or oil handling facility, or another a readily accessible location; B. Provide the records to the Department upon request; C. Retain the following records for a minimum of 5 years: (1) Records of periodic visual inspections conducted in accordance with Regulation .12A of this chapter; (2) Records of annual normal and emergency vent inspections and cleaning conducted in accordance with Regulation .12C of this chapter; (3) Inventory control records; (4) Overfill prevention equipment testing records; (5) Release detection records; (6) Secondary containment dike drainage logs; (7) Tank gauging device calibration records; and (8) Testing records for aboveground and underground piping; and D. Retain the following AST system records for the operational life of an AST system and for at least 5 years after an AST system was permanently closed in accordance with Regulation .13 of this chapter: (1) Construction records, including records of: (a) The AST name plate information; (b) The original as-built specifications and drawings and any modifications made to the AST system during the operational life of the AST system; (c) Applicable manufacturer’s documentation for ancillary equipment; (d) Tests conducted upon completing an installation or repair of an AST system component, including hydrostatic testing and pressure tightness testing; (e) Material tests and analyses, including secondary containment dike permeability tests; and (f) The names of the companies performing construction activities and a description of the work performed; (2) Cathodic protection system inspections records for impressed current and galvanic systems, including records of: (a) Cathodic protection system design description; (b) Inspection findings and conclusions; (c) Recommendations; and (d) Testing and repair records; (3) A complete copy of each final report for a formal inspection; (4) Records of AST system repairs and alteration history, including names of companies completing repair work; (5) Records of secondary containment dike testing and evaluation; (6) Records of spills, releases, and discharges and written reports of the occurrences required by COMAR 26.10.01.05E; and (7) A closure report for an AST system permanently closed in accordance with Regulation .13 of this chapter.