This chapter applies to an owner, an operator, and a person in charge of an AST system with a field-erected AST that is used or may be used to store oil at an oil storage facility or oil handling facility. 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 an oil handling facility. An owner, an operator, and a person in charge of an AST system with a field-erected AST used for storing asphalt only is exempt from the following requirements of this chapter: The spill and overfill prevention requirements in Regulation .07 of this chapter; The release detection requirements in Regulation .08 of this chapter; and The emergency venting requirement in Regulation .10B of this chapter if the AST system larger than 12,000 gallon capacity and is not located in: A secondary containment dike with another AST system storing a Class I liquid or Class II liquid; or The drainage path of another AST system storing a Class I liquid or Class II liquid. In this chapter: A term in §B of this regulation has the meaning indicated; and A term not defined in §B of this regulation has: The meaning given to the term in a relevant statute or COMAR 26.10.01 or 26.10.02; or If not defined in a relevant statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by common use. Terms Defined. “AST” has the meaning stated in COMAR 26.10.01.02B. “AST system” has the meaning stated in COMAR 26.10.01.02B. “Authorized inspector” means an individual qualified and certified to inspect an AST under API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction”. “Coating” means a protective material applied to or bonded to an internal or external AST surface, including paint, protective metals, adhered plastic, or polyolefin materials. Critical High Level. “Critical high level” means the highest level in a field-erected AST that oil can reach without detrimental impacts, such as an overflow of oil from the AST or damage to the AST. “Critical high level” includes the design liquid level of a field-erected AST as determined by the AST manufacturer. “Existing” means the installation or construction of an AST, an AST system, or a secondary containment dike was complete before June 13, 2022. “External inspection” means a formal inspection of an AST to assess all aspects of the storage tank possible without suspending operations or requiring an AST shutdown, performed by or under the supervision of an authorized inspector in accordance with API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction” and Regulation .11F of this chapter. Field-erected AST. “Field-erected AST” means an AST that is: Welded carbon steel or stainless steel; Erected or constructed by assembling the AST on-site at an oil storage facility; and Erected or constructed for the purpose of storing oil. “Field-erected AST” includes an AST that: Has a nameplate or other identifier that indicates it is a field-erected AST; or Is not identified as a shop-fabricated AST. “Formal inspection” means a documented external inspection or internal inspection of an AST conducted by or under the supervision of an authorized inspector in accordance with API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction” and Regulation .11 of this chapter. “High-high level” means a level in a field-erected AST established under Regulation .07 of this chapter that: Is sufficiently below the critical high level of the AST; and Enables the termination of an oil delivery or transfer before the critical high level in the AST is reached. “Internal inspection” means a formal and complete inspection of an emptied and cleaned AST performed under the supervision of an authorized inspector in accordance with API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction” and Regulation .11H of this chapter. Maximum Working Level. “Maximum working level” means a liquid level of a field-erected AST that should not be exceeded during normal filling procedures and is at least 3 inches below the high-high level of the AST. “Maximum working level” includes the normal fill level. “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. Out-of-Service. “Out-of-service” means an AST system in which the owner, the operator, and the person in charge of the AST system has: Emptied the AST system of all oil and sludge; and Designated the AST system as out-of-service in accordance with Regulation .12 of this chapter. “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. “Overfill” means an occurrence when an AST is filled beyond its critical high level and may result in a spill, release, or discharge of oil. Repair. “Repair” means work necessary to maintain or restore an AST system to a safe operating condition using industry approved standards. “Repair” may include Removing and replacing the roof, shell, or bottom material to maintain AST integrity or ancillary AST equipment; Re-leveling of an AST’s shell, bottom, or roof; Adding or replacing reinforcing plates to existing shell penetrations; and Correcting flaws, such as tears or gouges, by grinding or gouging followed by welding. Secondary Containment Dike. “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. “Secondary containment dike” includes diking and a dike. “Storage tank strapping record” means a current, up-to-date storage tank record for a field-erected AST that: Is developed by an owner, an operator, and a person in charge of an AST system; and Identifies, by calculations, the following levels of concern: Maximum working level; High-high level; and Critical high level. An owner, an operator, and a person in charge of a new or relocated AST system with a field-erected AST shall ensure that the AST system meets the requirements of this chapter. Unless otherwise specified in this chapter, an owner, an operator, and a person in charge of an existing AST system with a field-erected AST shall ensure the AST system meets the requirements of this chapter not later than: 2 years after June 13, 2022; or Another time period approved by the Department. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall comply with the following permit, license, or approval requirements, when applicable: Obtain an Individual Oil Operations Permit or comply with the General Oil Operations Permit conditions, in accordance with COMAR 26.10.01.09; Obtain a State discharge permit or National Pollution Discharge Elimination System permit, in accordance with COMAR 26.08.04; Obtain an Oil Transfer License, in accordance with COMAR 26.10.01.08; Obtain an Air Quality Permit to Construct, in accordance with COMAR 26.11.02; Obtain a State Air Quality Permit to Operate, in accordance with COMAR 26.11.02; and Comply with any other applicable federal, State, or local government permit, license, or approval requirements. Notwithstanding the compliance schedule in §B of this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST 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. Wetlands and Waterways. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: 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 If installing the AST system in a location subject to flooding, protect the field-erected AST from flotation by anchoring the storage tank in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Ensure the field-erected AST is: Properly designed for the oil storage application and type of oil to be stored; Constructed of welded carbon steel or stainless steel; and Constructed to an industry standard, including an API standard for field-erected ASTs incorporated by reference in COMAR 26.10.01.03; Ensure the foundation of the field-erected AST: Is designed and constructed in accordance with Annexes B and I of API Standard 650 “Welded Tanks for Oil Storage” to prevent settlement of the foundation and the AST due to soil bearing capacity and other site conditions using: Field and laboratory testing; and Analyses and other sound engineering practices performed by a professional engineer; Is capable of supporting the load of the AST and its contents without excessive differential settlement; and Provides positive drainage of water away from the AST base; and Test a new, repaired, or relocated AST system for tightness in accordance with NFPA 30 “Flammable and Combustible Liquids Code”: Upon completion of the installation or repair of the AST system; and Before placing the AST system in-service An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: If installing or relocating a field-erected AST on or after June 13, 2022, install piping that does not penetrate a secondary containment dike, unless otherwise approved by the Department; Ensure an existing field-erected AST meets the following requirements: For piping connected to an AST penetrating a secondary containment dike: Obtain approval of the Department to leave the piping in place; or 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 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; Ensure an aboveground piping system connected to a field-erected AST is: Constructed of carbon steel, alloy steel, or stainless steel piping; Compatible with the type of oil being transferred; Designed and constructed in accordance with industry recognized standards; Liquid tight; Properly supported by permanent bracing to prevent structural weaknesses; and Protected against physical damage; Ensure a piping system installed aboveground or inside of a building is not constructed with: Low melting point materials, such as aluminum, copper, or brass; Materials that soften on fire exposure, such as plastics; or Non-ductile materials, such as cast iron; and If installing an underground piping system, comply with the following requirements: Install the piping system, including containment sumps, in accordance with the performance standards in COMAR 26.10.03.02 and .03A(3); 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; Test the piping system for tightness in accordance with COMAR 26.10.03.05 and 26.10.05.02D; Test the containment sumps for tightness in accordance with COMAR 26.10.03.03A(3); Provide a method of leak detection in accordance with COMAR 26.10.05.02D; Maintain the containment sumps clean and free of liquid; and 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: Report the failed test result to the Department within 2 hours in accordance with COMAR 26.10.08.01; and Follow the investigation and confirmation procedures in 26.10.08.03, including making repairs and retesting the piping system and containment sumps for tightness. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall surround the AST system with a continuous secondary containment dike that meets the requirements of this regulation. Compliance Schedule. An owner, an operator, and a person in charge of an AST system with a field-erected AST that has a new secondary containment dike shall meet the requirements in §§C—H of this regulation upon installation of the secondary containment dike. Unless otherwise provided in this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST that has an existing secondary containment dike shall meet the requirements in §§C—H of this regulation not later than: 2 years after June 13, 2022; or Another time period approved by the Department. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall ensure a secondary containment dike: 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; Is designed by a professional engineer; Is approved by the Department; Is designed with consideration given to the soil and groundwater conditions at the oil storage facility or oil handling facility; Prevents movement of oil into, near, or in an area likely to pollute waters of the State; Provides safe ingress and egress for an individual; Prevents water accumulation at an AST foundation; If the secondary containment dike surrounds two or more ASTs, is subdivided in accordance with NFPA 30 “Flammable and Combustible Liquids Code”; If a secondary containment dike for an AST 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 Is constructed so that the secondary containment dike, upon testing, meets one of the following permeability criteria: A permeability of less than 10-4 centimeters per second; or A product level drop rate of less than 1 centimeter per 3 hours. 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 field-erected AST shall repair or replace a secondary containment dike that does not meet the permeability criteria listed in §C(10) of this regulation. An owner, an operator, and a person in charge of an AST system with a field-erected AST that has an earthen secondary containment dike shall conduct permeability testing on the earthen secondary containment dike according to the following requirements: 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; 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 Submit the results of the permeability testing to the Department not later than 60 days after the test. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall maintain written verification that a secondary containment dike meets the requirements in §§C—E of this regulation in accordance with Regulation .13 of this chapter. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall ensure a drain valve installed in a secondary containment dike is: Not a flapper-type valve; and Except when being used to drain trapped water in accordance with §H of this regulation, kept completely closed and locked at all times. When draining trapped water from a secondary containment dike, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Ensure the drainage leaving the secondary containment dike does not have any visible evidence of oil sheen; Designate an individual to supervise, monitor, and document each drainage event from the secondary containment dike; Keep a log that includes the following information for each secondary containment dike drainage event: The name of employee supervising, monitoring, and documenting the drainage event; The date of the discharge event; The time discharge event started and ended; The estimated volume of water drained; and A description of the water quality, such as the presence of an oil sheen; and Maintain the log required by §H(3) of this regulation in accordance with Regulation .13 of this chapter. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall maintain a secondary containment dike clear and free of: Vegetation; and Flammable and combustible materials, including oil. To prevent a spill, release, or discharge of oil due to an overfill of a field-erected AST, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Establish written procedures for filling the AST and maintain the procedures at the oil storage facility or oil handling facility; Ensure the AST is: Normally filled to a level that does not exceed the maximum working level of the AST; If filled to or in excess of the high-high level, emptied to the maximum working level as soon as practical; and Never filled to the critical high level; and Install, operate, inspect, maintain, and test overfill prevention equipment in accordance with: The requirements of this regulation and Regulation .11 of this chapter; NFPA 30 “Flammable and Combustible Liquids Code”; and If an oil storage facility meets the conditions in §H of this regulation, ANSI/API Standard 2350 “Overfill Prevention for Storage Tanks in Petroleum Facilities”. An owner, an operator, and a person in charge of an AST system with a field-erected AST may not use overfill prevention equipment: To control AST filling operations at an oil storage facility or oil handling facility; or That restricts or interferes with the functioning of the AST’s normal or emergency vent. In accordance with COMAR 26.10.08.04, an owner, an operator, and a person in charge of an AST system with a field-erected AST and a responsible party shall: Report and investigate a spill, release, or discharge from the AST system or an overfill; and Remediate the spill, release, or discharge or the overfill. Delivery and Transfer Operations. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: 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; During a delivery or transfer operation, ensure: A spill, release, or discharge of oil does not occur due to overfilling the AST or spilling oil during the transfer; and The delivery or transfer operation is constantly monitored to prevent overfilling of the AST and spilling of oil; 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 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. Liquid Level Measurements. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Gauge the liquid level and record the measurements in writing before filling the AST; and Maintain the records required under §E(1) of this regulation in accordance with Regulation .13 of this chapter. Tank Gauge. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Equip the field-erected AST with a tank gauge or other equivalent monitoring device that is: Directly visible during a transfer operation; Accurately measures the level or quantity of oil in the AST; Independent of any overfill prevention equipment; and Maintained in working order; Install and maintain the tank gauge or other equivalent monitoring device in accordance with manufacture’s specifications; and Inspect and calibrate the tank gauge or other equivalent monitoring device at least once per year. Overfill Prevention Equipment. Except as provided in §H of this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Install the following overfill prevention equipment on the AST: A high-high level alarm that: Has a test function to allow the operability of the device to be confirmed prior to each delivery or transfer of oil; Consists of a visual alarm and an audible alarm that alerts an individual involved in the oil delivery or transfer; and Goes into alarm when the liquid level reaches the high-high level of the AST established in §G(2) of this regulation and upon the failure or malfunction of the device; and An automatic shut-off device that: Has a test function to allow the operability of the device to be confirmed prior to each delivery or transfer of oil; Automatically shuts off the flow of oil into an AST when the liquid level reaches the automatic shut off level of the AST established in §G(2) of this regulation; and Is equipped with a fail-safe mechanism that will trigger an alarm and shut off the flow of oil into an AST in the event of a device failure or malfunction; Set the levels at which the overfill prevention equipment activates as follows: For a field-erected AST with a capacity of less than 200,000 gallons: The high-high level may not be greater than 90 percent of the critical high level of the AST; and The automatic shut off level may not be greater than 95 percent of the critical high level of the AST; For a field-erected AST with a capacity of 200,000 gallons or greater but less than 1,000,000 gallons: The high-high level may not be greater than 95 percent of the critical high level of the AST; and The automatic shut off level may not be greater than 98 percent of the critical high level of the AST; and For a field-erected AST with a capacity of 1,000,000 gallons or greater: The high-high level may not be less than 6 inches below the critical high level of the AST; and The automatic shut off level may not be less than 3 inches below the critical high level of the AST; At least monthly, inspect and perform maintenance of overfill protection equipment in accordance with the manufacturer’s instructions; and At least annually, perform functional testing of overfill protection equipment in accordance with the manufacturer’s instructions. Overfill Prevention System. An owner, an operator, and a person in charge of the following AST systems with a field-erected AST shall comply with the requirements of this section: An AST system that receives Class I liquids or Class II liquids by interstate pipeline, intrastate pipeline, or marine vessel transfers; or An AST system that is otherwise subject to the requirements of ANSI/API Standard 2350 “Overfill Prevention for Storage Tanks in Petroleum Facilities”. In accordance with ANSI/API Standard 2350 “Overfill Prevention for Storage Tanks in Petroleum Facilities”, an owner, an operator, and a person in charge of a AST system with a field-erected AST listed in §H(1) of this regulation shall create and implement a comprehensive overfill prevention system that incorporates the following components: A documented management system; A risk assessment for each AST subject to an overfill; Defined operational parameters, including levels of concern within the AST, response times, and periodic reviews of the levels of concern and response times; Written procedures for: Receiving and terminating transfers; Emergencies and abnormal conditions; Training personnel on the overfill prevention system; Testing, inspecting, and maintaining overfill prevention equipment and associated training of personnel; and Maintenance of records, including records for testing and maintenance of overfill prevention equipment, storage tank alarm history, actuation of overfill prevention equipment, and overfills; and The physical overfill prevention equipment. Labeling. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Provide the following labeling on the AST system: The storage capacity of the AST in gallons; The type of oil stored or last stored in the AST prior to being placed out-of-service; A proper NFPA 704 “Standard System for the Identification of the Hazards of Materials for Emergency Response” placard; and If the AST system was placed out-of-service in accordance with Regulation .12 of this chapter, the words “OUT-OF-SERVICE” or “EMPTY”; and Permanently and clearly mark the field-erected 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 the oil storage facility or oil handling facility, contractors, government representatives, and emergency response personnel. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall maintain records related to spill and overfill prevention measures required under this regulation in accordance with Regulation .13 of this chapter. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall provide a method or combination of release detection methods that detect a spill, release, or discharge from the AST system through: Visual inspections of the AST system in accordance with Regulation .11 of this chapter; A continuous electronic release detection system; or A continuous mechanical release detection system. An owner, an operator, and a person in charge of an AST system with a field-erected AST using a continuous electronic or mechanical release detection system shall: Install, calibrate, operate, and maintain the release detection system in accordance with the manufacturer’s instructions; and At least annually: Perform routine maintenance on the release detection system; Check the release detection system for operability at scheduled service checks; and 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. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall monitor underground piping connected to the AST for spill, releases, and discharges in accordance with COMAR 26.10.05.02D. An owner, an operator, and a person in charge of an AST system with a field-erected 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. An owner, an operator, and a person in charge of an AST system with a field-erected 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: Provide one of the following cathodic protection systems: An impressed current system; A galvanic system; or Subject to the approval of the Department, an alternative method of corrosion protection that is: 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 Approved by a corrosion expert; and Provide a cathodic protection system that is: Designed by a corrosion expert; Designed and tested, at a minimum, in accordance with the following industry standards and recommended practices: NACE SP0169-2013 “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; NACE SP0193-2016 “Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms”; NACE TM0497-2018 “Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems”; and API Recommended Practice 651 “Cathodic Protection of Aboveground Petroleum Storage Tanks”; 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; Installed with easily identifiable test stations, access points, or other methods to monitor the operation and functionality of the cathodic protection system; and Continuously operated and maintained for the in-service and out-of-service life of the AST system. Impressed Current System. An owner, an operator, and a person in charge of an AST system with a field-erected AST protected by an impressed current system shall: Install, operate, maintain, inspect, and test the impressed current system in accordance with the requirements of this section; Ensure the impressed current source is not de-energized at any time except to perform service work on the AST system; Ensure the impressed current source is equipped with a continuously operating meter that displays the voltage, amperage, and operating (run) time; At least once every 60 days: Inspect the impressed current system to ensure the cathodic protection system is functioning properly by: Verifying the power to the impressed current system is on; and Recording the voltage, amperage, and operating time; and Record and maintain the inspection results in accordance with Regulation .13 of this chapter; At least annually: Have a cathodic protection tester inspect and test: The impressed current system for electrical shorts, ground connections, meter accuracy, and circuit resistance; and The condition of the impressed current system’s isolating devices, continuity bonds, and insulators; and Record and maintain the results of the inspection and test in accordance with Regulation .13 of this chapter; 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: When the impressed current system is 5 years of age; and Every 5 years thereafter; Provide a completed 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 .13 of this chapter; 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: Employ a corrosion expert to determine the cause of the inadequacy within 30 days of the discovery; and Either: Complete repairs of the impressed current system within 60 days of the discovery or on a schedule approved by the Department; or 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 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: Empty all oil in contact with the portion of the AST system inadequately protected by the impressed current system; and Place the AST system out-of-service in accordance with Regulation .13 of this chapter. Galvanic System. An owner, an operator, and a person in charge of an AST system with a field-erected AST protected by a galvanic system shall: Install, operate, maintain, inspect, and test the galvanic system in accordance with the requirements of this section; Comply with the following inspection and test requirements: 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: Within 6 months of installing the galvanic system; and At least annually thereafter; 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 Maintain records of the AST-to-soil and underground piping-to-soil potential measurements in accordance with Regulation .13 of this chapter; 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: Employ a corrosion expert to determine the cause of the inadequacy within 30 days of the discovery; and Either: Complete repairs of the galvanic system within 60 days of the discovery or on a schedule approved by the Department; or 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 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: Empty all oil in contact with the portion of the AST system inadequately protected by the galvanic system; and Place the AST system out-of-service in accordance with Regulation .12 of this chapter. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall ensure the normal venting for the field-erected AST meets the following requirements: Design and construct normal venting in accordance with the following industry standards: NFPA 30 “Flammable and Combustible Liquids Code”; and An API standard applicable to field-erected ASTs incorporated by reference in COMAR 26.10.01.03; and Vent an atmospheric pressure AST to prevent the development of vacuum or pressure above a 1.0 psi (6.9 kPa) maximum operating pressure. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall ensure the emergency venting for the field-erected AST meets the following requirements: Design and construct emergency venting in accordance with the following industry standards: NFPA 30 “Flammable and Combustible Liquids”; and API Standard 2000 “Venting Atmospheric and Low-pressure Storage Tanks”; and The field-erected AST has one of the following emergency relief venting designs: A floating roof; A lifter roof; A weak roof-to-shell seam; or Another industry approved pressure-relieving device. Definitions. In this regulation, the following terms have the meanings stated. Terms Defined. “Remaining corrosion allowance” or “RCA” means the difference between the measured shell thickness and the minimum required thickness of an AST, measured in millimeters. “N” means the shell corrosion rate of an AST, measured in millimeters per year. Periodic Visual Inspections. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall conduct periodic visual inspections in accordance with: The inspection procedures under §B(2) or (3) of this regulation; and The recordkeeping requirements under §B(4) and (5) of this regulation. An owner, an operator, and a person in charge of an AST system with a field-erected AST may meet the visual inspections requirement in §B(1) of this regulation by, at a minimum: Inspecting for the following conditions monthly: Signs of spills, releases, or discharges from any portion of the AST system; Water in the secondary containment dike and AST or, if a double-walled AST, the primary storage tank and interstice; The condition of the secondary containment dike, including drain valves; Signs of shell distortion; Signs of settlement; Signs of corrosion; The condition of the AST foundation or supports; The condition of the exterior coating of the AST system; The condition of seams, rivets, and nozzle connections; The condition of valves, pumps, piping, and other appurtenances directly connected to the AST; The condition of the tank gauge or an equivalent monitoring device; The condition of release detection systems; and The condition of overfill protection equipment; Inspecting containment sumps associated with an underground piping system monthly by: Checking for evidence of a spill, release or discharge; and Removing any liquid or debris; and Removing any water found during the monthly inspection from the secondary containment dike and AST or, if a double-bottomed AST, the primary storage tank and interstice. An owner, an operator, and a person in charge of an AST system with a field-erected AST may meet the periodic visual inspections requirement in §B(1) of this regulation by conducting periodic AST inspections in accordance with: STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks” if the AST does not exceed: 30 feet in diameter; and 40 feet in height; or Tank In-service Inspection Checklist in Annex C of API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction”. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall maintain the following records related to periodic visual inspections: If the AST system was inspected in accordance with §B(2) of this regulation, a written log or electronic record that includes: The date of the inspection; The name and title of the individual performing the inspection; A description of each deficiency found; The name and title of the individual notified of the deficiencies found; and A record of how and when the deficiencies were corrected; and If the AST system was inspected in accordance with §B(3) of this regulation, the completed monthly and annual inspection checklists in STI/SPFA SP001 “Standard for the Inspection of Aboveground Storage Tanks”. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall maintain the records required in §B(4) of this regulation in accordance with Regulation .13 of this chapter. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall conduct corrosion protection system inspections in accordance with Regulation .10 of this chapter. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Inspect and clean normal and emergency vents for the field-erected AST annually; and Maintain records of the vent inspection and cleaning required in §D(1) of this regulation in accordance with Regulation .13 of this chapter. Ultrasonic Thickness Inspections. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall use ultrasonic thickness measurements of the external AST shell to determine shell integrity according to the following requirements: If the corrosion rate is unknown for a field-erected AST, complete an initial ultrasonic thickness inspection not later than 2 years after June 13, 2022; Perform ultrasonic thickness inspections at the lesser of the following intervals: RCA/2N years; or 15 years; Include the following information in the inspection records for each ultrasonic thickness inspection performed on an AST: The date of the inspection; The name and title of individual performing the inspection; and The ultrasonic thickness measurements; and Maintain the records for ultrasonic thickness inspections required under §E(3) of the regulation in accordance with Regulation .13 of this chapter. External Inspections. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall have an external inspection performed on the field-erected AST according to the following requirements: An authorized inspector conducts external inspection on the field-erected AST. Perform external inspections at the lesser of the following intervals: RCA/4N years; or 5 years; Inspect the following components of a field-erected AST during an external inspection: The AST foundation; The shell and roof of the AST, including shell and roof appurtenances; The AST accessways; The AST grounding system; The wall and roof of an AST having an insulated covering; Connected aboveground piping; and The secondary containment dike; At a minimum, the authorized inspector conducting an external inspection of the field-erected AST shall complete the Tank In-service Inspection Checklist in Annex C of API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction”; Submit a copy of the final external inspection report to the Department within 60 days of completing the external inspection; and Maintain records of completed external inspections in accordance with Regulation .13 of this chapter. Risk-based Inspection Program. An owner, an operator, and a person in charge of an AST system with a field-erected AST may implement a risk-based inspection program to develop an inspection plan for conducting internal inspections on the field-constructed AST. If implementing a risk-based inspection program, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Establish and implement the risk-based inspection program in accordance with API Recommended Practice 580 “Risk-based Inspection”; Prior to implementation, have the risk-based inspection program, including the risk-based inspection assessment and inspection plan, reviewed and approved by an authorized inspector and a storage tank engineer. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall maintain records related to the risk-based inspection program, including copies of the risk-based inspection assessment, inspection plan, and authorized inspector and storage tank engineer approvals, in accordance with the recordkeeping requirements in Regulation .13 of this chapter. Internal Inspections. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall have an internal inspection of a field-erected AST performed on the field-erected AST according to the following requirements: An authorized inspector shall complete an internal inspection of a field-erected AST; Complete an initial internal inspection on a new field-erected AST not later than: 10 years from the date the AST first contained oil; or A maximum inspection interval established in accordance with API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction” if the following conditions are met: The maximum interval is determined under a risk-based inspection program; and The AST has one or more of the leak prevention, detection, corrosion mitigation, or containment safeguards listed in Table 6.1–Tank Safeguard in API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction”; Complete an initial internal inspection on an existing field-erected AST that contains oil not later than 2 years after June 13, 2022; Complete subsequent internal inspections on a new or existing field-erected AST not later than: 20 years after the date the initial internal inspection required in §H(2) or (3) of this regulation was completed; or A maximum inspection interval determined in accordance with the corrosion rate procedures and the additional risk-based inspection requirements in API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction”; An internal inspection of a field-erected AST includes: An evaluation of, at a minimum, 75 percent of the storage tank bottom plates using magnetic flux leakage scanning; An evaluation of 100 percent of floor plate welds and shell-to-floor welds using one or more of the following testing methods: Vacuum box; Magnetic particle; and Liquid penetrant; Verification of a storage tank bottom’s integrity to ensure the storage tank bottom is not severely corroded or there is evidence of a spill, release, or discharge; The collection of data necessary to assess the minimum storage tank bottom and shell thickness, including evaluating data from previous inspections; Identification and evaluation of any storage tank bottom settlement; and Assessment of all external and internal aspects of an AST while the storage tank is out-of-service, including an examination and test of the following AST components: Storage tank exterior and interior; Storage tank bottom, including the liquid side and soil side; Shell seams, plates, and overflows; The fixed roof interior, including the surface, support structure, and appurtenances; A floating roof, including the deck, pontoons, cutouts and supports, seal assemblies, and appurtenances; Common AST appurtenances; and Access structures; At a minimum, an authorized inspector conducting an internal inspection of an AST shall complete the Tank Out-of-service Inspection Checklist in Annex C of API Standard 653 “Tank Inspection, Repair, Alteration, and Reconstruction” in addition to other forms used; Submit a copy of the final internal inspection report to the Department within 60 days of completing the internal inspection; and Maintain records of each internal inspection conducted for on a field-erected AST in accordance with Regulation .13 of this chapter. Out-of-Service. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall complete each of the following steps to place the AST system out-of-service: Notify the Department in writing 30 days before placing the AST system out-of-service; Remove all oil from the AST system; Isolate all piping connected to the AST; 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; Purge all petroleum vapors and maintain the AST system vapor free; Secure the AST system to prevent unauthorized entrance or tampering; Protect the AST system from flotation; Continue the operation and maintenance of corrosion protection on the AST system in accordance with Regulation .09 of this chapter; Lock the fill port; and Label the AST using lettering at least 3 inches high, in a readily visible location on the AST, with the following information: Date the AST system was placed out-of-service; Name of product last stored; and The words “OUT-OF-SERVICE” or “EMPTY”. Return to In-Service. An owner, an operator, and a person in charge of an out-of-service AST system with a field-erected AST shall complete the following steps prior to placing the AST system in-service: Notify the Department in writing 30 days before placing the AST system in-service; If an external or internal inspection required under Regulation .11 of this chapter was due to occur while the AST system was out of service, conduct the external or internal inspection of the AST system in accordance with the inspection procedures in Regulation .11F or H of this chapter. Test all connected piping and appurtenances to ensure a spill, release, or discharge will not occur; and 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. Permanent Closure. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall permanently close the AST system in accordance with the following requirements: At least 30 days before permanently closing the AST system: Notify the Department in writing of the planned AST system permanent closure; and 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, including sampling of, at a minimum, the following areas of the AST site: Within and immediately outside of the secondary containment dike, if present; Within the footprint of the removed AST; and Beneath underground piping associated with the removed AST; Place the AST system out-of-service in accordance with §A of this regulation; Disconnect and remove all aboveground piping associated with the AST system; Disconnect and remove all underground piping associated with the AST system: Under the continuous on-site presence and direction of a certified UST system technician or remover; and In accordance with the procedures in COMAR 26.10.10.02D; Remove the AST and associated piping from the site; and Within 45 days of completing the permanent closure and approved site assessment, submit a closure report to the Department detailing: The AST closure activities; and The results of the sampling event, including a map identifying sample locations, laboratory results, summary of findings, and conclusions. Change-in-Service. An owner, an operator, and a person in charge of an AST system with a field-erected AST placing the AST system out-of-service in order to store a non-oil product shall: Notify the Department in writing at least 30 days before placing the AST system out-of-service; and Place the AST system out-of-service in accordance with the requirements of the Department. Upon completing an out-of-service activity specified §§A—D of this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Within 30 days, amend the AST system registration with the Department in accordance with COMAR 26.10.01.10; and 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. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall: Maintain the records required under this chapter at the oil storage facility or oil handling facility, or another a readily accessible location; Provide the records to the Department upon request; Retain the following records for a minimum of 5 years: Records of periodic visual inspections conducted in accordance with Regulation .11B of this chapter; Records of annual normal and emergency vent inspections and cleaning conducted in accordance with Regulation .11D of this chapter; Inventory control records; Overfill prevention equipment testing records; Release detection records; Secondary containment dike drainage logs; Storage tank gauging device calibration records; and Testing records for aboveground and underground piping; and Retain the following AST system records for the operational life of an AST system and for at least 5 years after an AST system has been permanently closed in accordance with Regulation .12 of this chapter: Construction records, including records of: The AST name plate information; The original as-built specifications and drawings and any modifications made to the AST system during the operational life of the AST system; Applicable manufacturer’s documentation for ancillary equipment; Tests conducted upon completing an installation or repair of an AST system component, including hydrostatic testing and pressure tightness testing; Material tests and analyses, including secondary containment dike permeability tests; Tank strapping record; and The names of the companies performing construction activities and a description of the work performed; Cathodic protection system inspections records for impressed current and galvanic systems, including records of: Cathodic protection system design description; Inspection findings and conclusions; Recommendations; and Testing and repair records; A complete copy of each final formal inspection report; A complete copy of each ultrasonic thickness inspection report; Records of AST system repairs and alteration history, including names of companies completing repair work; Records of secondary containment dike testing and evaluation; Records of spills, releases, and discharges and written reports of the occurrences required by COMAR 26.10.01.05E; and A closure report for an AST system permanently closed in accordance with Regulation .12 of this chapter. 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 Effective date: June 13, 2022 (49:12 Md. R. 642)