Md. Code Regs. 26.10.01.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.01.02 - Definitions

A. In this subtitle:

(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

(b) If not defined in a relevant statute, the meaning attributed by common use.

B. Terms Defined.

(1) Aboveground Storage Tank (AST).

(a) "Aboveground storage tank" means a storage tank that:

(i) Currently stores oil;

(ii) Previously stored oil, except for a storage tank placed out-of-service to store a non-oil product in accordance with COMAR 26.10.17 or 26.10.18;

(iii) Has a storage capacity of greater than 250 gallons;

(iv) Is designed to operate at pressures from atmospheric pressure to a gauge pressure of 1.0 psi (6.9 kPa) measured at the top of the storage tank;

(v) Is constructed more than 90 percent above the surface of the ground, excluding piping; and

(vi) May be installed in an underground vault, a basement, or a sub-surface building.

(b) "Aboveground storage tank" does not include:

(i) An aboveground residential heating oil tank;

(ii) A storage tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use;

(iii) A septic tank, surface impoundment, pit, pond, or lagoon;

(iv) A stormwater or wastewater collection system;

(v) A flow-through process tank;

(vi) Oil-filled operational equipment;

(vii) A pipeline facility, including gathering lines, regulated under 49 U.S.C. §§ 60101 - 60141, or an intrastate pipeline facility regulated under State law as provided under 49 U.S.C. §§ 60101 - 60141 and determined by the federal Secretary of Transportation to be connected to a pipeline, or operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline; and

(viii) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(2) "Aggregate storage capacity" means the total oil storage capacity of all ASTs on a property.

(3) Ancillary Equipment.

(a) "Ancillary equipment" means a device connected to a storage tank system used to distribute, meter, or control the flow of:

(i) Oil to and from an AST; or

(ii) A regulated substance to and from a UST, as defined in COMAR 26.10.02.02B.

(b) "Ancillary equipment" includes, but is not limited to, devices such as piping, fittings, flanges, valves, and pumps.

(4) "AST system" means an AST, connected aboveground and underground piping, ancillary equipment, and appurtenances, including dispensers, loading racks, and secondary containment.

(5) "Attended" means there is an attendant or an employee that is on duty and available to customers at a motor fuel dispensing facility.

(6) "Barge" means a vessel not equipped with a means of self-propulsion.

(7) "Barrel" means a measure of oil that consists of 42.0 gallons of liquid measure.

(8) Biofuel.

(a) "Biofuel" means a fuel that is derived from animal or plant byproducts.

(b) "Biofuel" may include oil if the liquid meets the definition of oil under §B(47) of this regulation.

(9) "Breakout tank" means a tank used to:

(a) Relieve surges in an oil pipeline system; or

(b) Receive and store oil transported by pipeline for reinjection and continued transportation by pipeline.

(10) "Cargo level monitor system" means a system of fixed level sensing and warning devices used to gauge and to warn of changes in levels of liquid cargo during transport by tank vessel, or any other system that gauges levels and warns of changes in levels of liquid cargo that is approved by the United States Coast Guard under 33 CFR Part 157.

(11) Cargo Tank.

(a) "Cargo tank" means any vehicle-mounted tank used for carrying oil that has a liquid capacity greater than 110 gallons.

(b) "Cargo tank" does not include a tank used solely for the purpose of supplying fuel for the propulsion of a vehicle.

(12) "Cathodic protection" means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell, usually through the application of either galvanic anodes or impressed current.

(13) "Cathodic protection tester" means a person who:

(a) Can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and storage tank systems;

(b) Possesses one of the following:

(i) A valid registration or certification card issued by a recognized institution within the past 5 years; or

(ii) Documentation signed by a professional engineer (PE) attesting to the person's education and knowledge of cathodic protection; and

(c) Possesses education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and storage tank systems.

(14) "Collecting agents" means a chemical agent or other compound that can gel, congeal, herd, entrap, fix, or make an oil mass more rigid or viscous to facilitate its removal from a water surface.

(15) "Combustible liquid" means a liquid having a closed-cup flash point at or above 100.0°F (37.8°C).

(16) Containment Sump.

(a) "Containment sump" means a liquid-tight container that protects the environment by containing spills, releases, or discharges of a regulated substance from piping, dispensers, pumps and related components in the containment area.

(b) "Containment sump" may be single-walled or secondarily contained and located at the top of a storage tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

(17) "Control" means the possession of power to direct or cause the direction of the actions of a person, place, or thing.

(18) Corrosion Expert.

(a) "Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal components of a storage tank system.

(b) "Corrosion expert" includes:

(i) A person who is certified by the National Association of Corrosion Engineers; or

(ii) A registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal components of storage tank systems.

(19) "Damages" has the meaning stated in Environment Article, § 4-401(c), Annotated Code of Maryland.

(20) "Department" means the Maryland Department of the Environment.

(21) "Dielectric material" means a material, such as a coating, bushing, or union that does not conduct direct electrical current.

(22) "Discharge" means the addition, introduction, leaking, spilling, or emitting of oil to waters of the State or the placement of oil in a location where it is likely to reach or pollute waters of the State.

(23) "Dispenser" means equipment located aboveground that dispenses:

(a) Oil from an AST system; or

(b) A regulated substance from a UST system.

(24) Dispenser System.

(a) "Dispenser system" means a dispenser and the equipment necessary to connect the dispenser to a UST system.

(b) "Dispenser system" includes a dispenser connected to a UST system using check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the UST system.

(25) "Dispersant" means a chemical agent or another compound that can emulsify, disperse, or solubilize oil or which acts to further the surface spreading of oil to facilitate its dispersal.

(26) "Farm tank" means a storage tank:

(a) That does not meet the definition of a residential heating oil tank under §B(65) of this regulation;

(b) Located on a farm property, including associated residences and improvements, or a tract of land devoted to:

(i) Agriculture, including the production of crops and nurseries with growing operations; or

(ii) Raising animals, including rangelands and fish hatcheries; and

(c) Used solely in farm activities.

(27) "Flammable liquid" means a liquid having a closed-cup flash point below 100.0°F (37.8°C).

(28) "Floodplain" has the meaning stated in COMAR 26.17.04.02B.

(29) Flow-through Process Tank.

(a) "Flow-through process tank" means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process.

(b) "Flow-through process tank" does not include:

(i) Oil-filled operational equipment or a tank used for the storage of materials before their introduction into the production process; or

(ii) Oil-filled operational equipment or a tank used for the storage of finished products or byproducts from the production process.

(30) "Fuel oil" means a liquid petroleum product that includes, but is not limited to, the following products:

(a) No. 1, No. 2, No. 4 " light, No. 4 " heavy, No. 5 " light, No. 5" heavy, and No. 6 technical grades of fuel oil;

(b) Other residual fuel oils, including Navy Special fuel oil and Bunker C;

(c) Other fuels when used as substitutes for one of the fuel oils described in §B(30)(a) and (b) of this regulation; and

(d) Heating oil as defined under §B(35) of this regulation.

(31) "Fund" means the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

(32) "Gathering lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(33) "General Oil Operations Permit" means the authorization established under Regulation .09B of this chapter for certain categories of oil storage facilities and oil handling facilities to operate without an Individual Oil Operations Permit.

(34) Hazardous Substance.

(a) "Hazardous substance" has the meaning stated in § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14).

(b) "Hazardous substance" does not include a substance that is regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act.

(35) "Heating oil" means a fuel oil as defined under §B(30) of this regulation that is typically used in the operation of heating equipment, boilers, or furnaces.

(36) "Individual Oil Operations Permit" means an individual written authorization issued by the Department in accordance with Regulation .09A of this chapter describing the required performance standards for specific activities and operations of an oil storage facility or oil handling facility.

(37) "Leak" means a loss of pressure within a storage tank system that may result in a spill, release, or discharge.

(38) "Licensee" means a person who holds a valid Oil Transfer License from the Department in accordance with Regulation .08 of this chapter.

(39) "Loading/unloading rack" means a fixed structure, such as a platform or gangway, having a loading or unloading arm necessary for loading or unloading a truck tank, transport, or tank car and may include any combination of the following:

(a) Piping assemblages;

(b) Valves;

(c) Pumps;

(d) Shut-off devices;

(e) Overfill sensors; and

(f) Personnel safety devices.

(40) "Maintenance" means the performance of normal operational upkeep to prevent a storage tank system from spilling, releasing, or discharging a regulated substance.

(41) Marina.

(a) "Marina" means a facility having one or more piers, moorings or bulkheads, and marine motor fuel storage and dispensing systems for boats, vessels, and other marine watercraft used primarily for recreational purposes by the general public.

(b) "Marina" does not include a marine oil facility.

(42) Marine Oil Facility.

(a) "Marine oil facility" means an on-shore or off-shore oil storage facility or oil handling facility located within waters of the State, including the Chesapeake Bay and its tributaries, used or capable of being used to transfer oil in bulk to or from a tank vessel and includes structures, equipment, and appurtenances.

(b) "Marine oil facility" includes, if the facility is associated with a factory or power plant, only areas of the facility used for transfer of oil to or from a tank vessel.

(c) "Marine oil facility" does not include a tank vessel or a tank barge.

(43) "MDE" means the Maryland Department of the Environment.

(44) "Monthly" means occurring at a frequency of once per calendar month and occurring generally 28 to 31 days between events.

(45) Motor Fuel.

(a) "Motor fuel" means a complex blend of hydrocarbons typically used in the operation of a motor engine or an emergency generator.

(b) "Motor fuel" includes:

(i) Motor gasoline, including gasohol;

(ii) Aviation gasoline;

(iii) No. 1 or No. 2 diesel fuel, including biodiesel fuel; and

(iv) Any blend containing one or more of the substances listed in §B(45)(b)(i)-(iii) of this regulation.

(46) "Motor fuel dispensing facility" means that portion of an oil storage facility where motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles, vessels, or into approved containers, including all equipment used in connection therewith.

(47) Oil.

(a) "Oil" means oil of any kind and in any liquid form including:

(i) Petroleum and petroleum products;

(ii) Petroleum byproducts;

(iii) Light and heavy fuel oils, including fuel oils that are blended or mixed with biofuels or processed or re-refined used oil;

(iv) Sludge containing oil or oil residues;

(v) Oil refuse;

(vi) Oil mixed with or added to or otherwise contaminating soil, waste, or any other liquid or solid media;

(vii) Crude oils;

(viii) Aviation fuels;

(ix) Gasoline, including gasohol;

(x) Kerosene;

(xi) Diesel motor fuel, including biodiesel fuel, regardless of whether the fuel is petroleum based;

(xii) Asphalt;

(xiii) Ethanol that is intended to be used as a motor fuel or fuel source; and

(xiv) Regardless of specific gravity, every other nonedible, nonsubstituted liquid petroleum fraction unless that fraction is specifically identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.

(b) "Oil" does not include:

(i) Liquefied propane;

(ii) Liquefied natural gas; or

(iii) Any edible oils not intended to be used as a motor fuel or a fuel source.

(48) "Oil-filled operational equipment" means equipment that includes an oil storage container or multiple containers in which the oil is present solely to support the function of the apparatus or the device, including:

(a) Hydraulic systems;

(b) Lubricating systems for pumps, compressors and other rotating equipment;

(c) Gear boxes;

(d) Machining coolant systems;

(e) Heat transfer systems;

(f) Transformers;

(g) Circuit breakers;

(h) Electrical switches; and

(i) Other systems containing oil solely to enable the operation of the device.

(49) "Oil handling facility" means a facility that is responsible for one or more of the following operations:

(a) Delivery of oil by cargo tank;

(b) Transfer of oil;

(c) Management of used oil;

(d) Storage and treatment of oil-contaminated soils; and

(e) Oil sludge, oil refuse, or oil mixed with other waste solidification/stabilization.

(50) Oil Storage Facility.

(a) "Oil storage facility" means an installation, structure, or premises, including an aboveground or underground storage tank, in which oil has been or is stored.

(b) "Oil storage facility" does not include:

(i) A storage tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use; or

(ii) A vessel.

(51) "Operator" means a person in control of a storage tank system, oil storage facility, or oil handling facility or a person that has responsibility over the following activities for a storage tank system, oil storage facility, or oil handling facility:

(a) Daily or periodic operation;

(b) Installation, repair, maintenance, and testing of one or more storage tank system; or

(c) Closure.

(52) "Other security" means a trust fund, letter of credit, insurance, or other form of financial responsibility approved by the Department.

(53) "Owner" means a person who:

(a) Owns a storage tank system, oil storage facility, or oil handling facility; or

(b) Owned a storage tank system, oil storage facility, or oil handling facility immediately before the discontinuation of its use.

(54) "Permittee" means one of the following regulated persons:

(a) A person holding a valid Individual Oil Operations Permit issued by the Department;

(b) A person subject to a General Oil Operations Permit authorized by the Department; or

(c) A person subject to a General UST System Permit authorized by the Department under COMAR 26.10.02.04.

(55) "Person" means:

(a) An individual;

(b) A receiver, trustee, guardian, executor, administrator, fiduciary, trust, or representative of any kind;

(c) A partnership, firm, joint stock company, association, public or private corporation, joint venture, commercial entity, or consortium;

(d) The United States Government and any federal agency;

(e) The State or a county, municipality, municipal corporation, or other political subdivision of the State, or any of their units;

(f) A commission or any interstate body; or

(g) Any other entity.

(56) "Person in charge" means a person designated by an owner, an operator, or a permittee as the person with direct supervisory responsibility for:

(a) An activity or operation at a facility, such as the transfer of oil to or from any points in the facility; or

(b) The repair, installation, maintenance, closure, or testing of a storage tank system.

(57) "Person responsible for the discharge" means a person that meets the criteria under Environment Article, § 4-401(j), Annotated Code of Maryland and includes the owner, the operator, or the person in charge of an oil handling facility involved in the discharge at the time of or immediately before the discharge.

(58) "Pier" means a fixed or floating dock or a wharf constructed on or over waters of the State.

(59) "Pollution" means every contamination or alteration of the physical, chemical, or biological properties of any waters of the State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, detrimental, or injurious to:

(a) Public health, safety, or welfare;

(b) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

(c) Livestock, wild animals, or birds; or

(d) Fish or other aquatic life.

(60) "Public vessel" means a vessel, not engaged in commerce, which is operated by the Government of the United States or a state or political subdivision or a foreign nation.

(61) "Regulated substance" means:

(a) A hazardous substance as defined under §B(34) of this regulation; and

(b) Oil as defined under §B(47) of this regulation.

(62) Regulated Substance Storage Facility.

(a) "Regulated substance storage facility" means an installation, structure, or premises in which a regulated substance has been or is stored in one or more UST systems.

(b) "Regulated substance storage facility" includes an underground oil storage facility

(63) "Release" means:

(a) A discharge as defined under §B(22) of this regulation from a storage tank system, transport, truck tank, tank barge, tank car, or pipeline;

(b) The discharge, escaping, leaching, spilling, leaking, emitting, or disposing of a regulated substance from a UST system as defined in COMAR 26.10.02.02B into:

(i) Groundwater, surface water, or surface or subsurface soils; or

(ii) Secondary containment; or

(c) The discharge, escaping, leaching, spilling, leaking, emitting, or disposing of oil from an AST system to a secondary containment dike as defined in COMAR 26.10.17.02B and 26.10.18.02B.

(64) "Removal" means:

(a) In response to a spill, release, or discharge, the act of abatement, containment, response, or the taking of other corrective actions as may be necessary to minimize or mitigate damage to the public health, safety, or welfare from a discharge or release or the threat of a discharge or release, including, but not limited to, public and private lands, waters of the State, and natural resources, both living and inert; and

(b) The act of extracting a UST, underground piping, and any other components of a UST system.

(65) "Residential heating oil tank" means an aboveground or underground storage tank that is used to store heating oil for use as a fuel in heating a single-family residential property and that meets the criteria for a heating oil tank under Environment Article, § 4-401, Annotated Code of Maryland.

(66) "Residential tank" means a storage tank used solely for noncommercial purposes and serving not more than one residence.

(67) "Responsible party" includes:

(a) For a discharge of oil, the person responsible for the discharge; and

(b) For a release of a regulated substance from a UST system:

(i) The owner of the released regulated substance;

(ii) The owner, the operator, and the person in charge of the UST system or vehicle involved in the release of the regulated substance at the time of or immediately before the release;

(iii) Any other person who through act of omission causes the release; and

(iv) A person that meets the criteria of a responsible person under Environment Article, § 7-201(t), Annotated Code of Maryland.

(68) "Secondary containment" means an Underwriters Laboratories LLC (UL) listed or Department-approved system that:

(a) Prevents a release to the environment by containing a regulated substance released from the primary storage tank or piping until the regulated substance is detected and removed; and

(b) Detects a release by meeting the requirements of COMAR 26.10.05.05G.

(69) "Secretary" means the Secretary of the Environment or the Secretary's designee.

(70) "Sinking agent" means a chemical agent or other compound that can physically sink oil below the water surface.

(71) "Solidification/stabilization" means a treatment process that involves combining oil sludge, oil refuse, or oil mixed with other waste with a non-hazardous substance to solidify or eliminate liquid traits of the oil sludge, oil refuse, or oil mixed with other waste.

(72) "Sorbent" means a substance or material that takes up and holds oil by either adsorption or absorption.

(73) "Special flood hazard area" or "area of special flood hazard" has the meaning stated in 44 CFR § 59.1.

(74) "Spill" means a release as defined in §B(63) of this regulation.

(75) Spill Catchment Basin.

(a) "Spill catchment basin" means a liquid tight container, which may be single-walled or double-walled, that has a minimum capacity of 5 gallons and is installed on the fill pipe riser, remote fill pipe, and Stage I vapor recovery connections.

(b) "Spill catchment basin" includes a spill bucket.

(76) "Spill Prevention, Control, and Countermeasure (SPCC) Plan" means the document required under 40 CFR § 112.3 that details the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a spill, release, or discharge.

(77) "State" means the State of Maryland.

(78) "Storage capacity" means the primary shell capacity of a storage tank.

(79) "Storage tank" means a stationary device:

(a) Designed to contain an accumulation of oil either aboveground or underground, or an accumulation of hazardous substances underground; and

(b) Constructed of nonearthen materials such as concrete, steel, fiberglass, and plastic, that provide structural support.

(80) "Storage tank system" means a storage tank, connected piping, ancillary equipment and appurtenances, including dispensers and secondary containment.

(81) "Tank barge" means a tank vessel not equipped with a means of self-propulsion.

(82) "Tank car" means a cargo tank that is moved by locomotive power along a railroad system.

(83) Tank Vessel.

(a) "Tank vessel" means a vessel constructed or adapted to carry oil, or that carries oil in bulk as cargo, in a quantity of 300 gallons or more and does not carry the oil for self-propulsion.

(b) "Tank vessel" does not include any vessel dedicated to, and engaged only in, oil removal-related activities, including training or drills.

(84) "Tank vessel operator" means a person responsible for the operation of a tank vessel and includes, but is not limited to, the owner or a person who charters the tank vessel by demise.

(85) "Transfer" means the loading or unloading of oil in the State from or to any tank vessel, tank barge, transport, truck tank, tank car, pipeline, or any other means used for transporting oil.

(86) "Transfer area" means an area of an oil storage facility or oil handling facility, other than a loading/unloading rack, where oil is transferred to or from a tank car.

(87) "Transport" means a vehicle used for the transportation of oil and equipped with a cargo tank or vacuum tank having a fifth wheel connection such that part of its load and weight rests upon the towing vehicle.

(88) "Transporting" means the movement of oil or storage of oil by tank vessel, transport, truck tank, tank barge, tank car, or pipeline, or any other means used for transporting oil, and includes the transfer of oil.

(89) "Truck tank" means a self-propelled motor vehicle used for the transportation of oil and equipped with a permanently mounted cargo tank or vacuum tank.

(90) "Ullage" means the volume above the liquid in a storage tank as calculated by subtracting the gross volume of liquid in the storage tank from the maximum capacity of the storage tank, as listed on the applicable tank chart.

(91) "Unattended" means there is no attendant or employee that is on duty and available to customers at a motor fuel dispensing facility.

(92) "USCG" means the United States Coast Guard.

(93) "Used oil" means any petroleum-based oil or synthetic oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

(94) "USEPA" means the United States Environmental Protection Agency.

(95) "Vessel" means every watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the waters of the State.

(96) "Waters of the State" includes:

(a) Both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State;

(b) The Chesapeake Bay and its tributaries;

(c) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

(d) The floodplain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.

Md. Code Regs. 26.10.01.02

Regulations 02C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .02 transferred to COMAR 1.5.01 effective July 1, 1980
Regulations .02C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .02 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulation .02D adopted effective January 1, 1996 (22:26 Md. R. 2031); Regulations 02C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .02 transferred to COMAR 1.5.01 effective July 1, 1980
Regulations .02C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .02 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulation .02D adopted effective January 1, 1996 (22:26 Md. R. 2031); adopted effective 49:12 Md. R. 642, eff. 6/13/2022