Md. Code Regs. 26.10.01.10

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

Section 26.10.01.10 - Registration of AST Systems

A. Exception.

(1) Unless otherwise directed by the Department, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility is not required to register an AST system located at the facility with the Department if:

(a) The oil storage facility is a single-family residential property;

(b) The oil storage facility or oil handling facility has an aggregate storage capacity of 2,500 gallons or less and operates under a General Oil Operations Permit, as required under Regulation .09B of this chapter; or

(c) The AST system stores oil for less than six consecutive months.

(2) To address a special circumstance at a facility, the Department may approve a written request for an exemption from the AST system registration requirement under §B of this regulation submitted by an owner, an operator, or a person in charge of an oil storage facility or oil handling facility otherwise required to register an AST system with the Department.

B. Registration Requirement.

(1) Except as provided under §A of this regulation, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility:

(a) Shall register, and maintain current registration of, each AST system located at the facility with the Department; and

(b) May not allow the receipt of oil to, or selling or dispensing of oil from, an AST system not registered with the Department.

(2) Prior to selling or transferring ownership of an oil storage facility or oil handling facility or an AST system intended to be used by a purchaser or transferee for the storage of oil in Maryland, an owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to register an AST system under §B(1) of this regulation shall:

(a) Inform the purchaser or transferee of the registration requirements under this regulation; and

(b) If an oil storage facility or oil handling facility described under §D of this regulation, provide the purchaser or transferee with a copy of the current registration form.

C. Facility with an Individual Oil Operations Permit. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to obtain an Individual Oil Operations Permit under Regulation .09A of this chapter shall register and maintain registration of each AST system located at the facility:

(1) As part of the application process for a new or renewal Individual Oil Operations Permit in accordance with Regulation .11 of this chapter; and

(2) If required under Regulation .12B of this chapter, by requesting a modification of an effective Individual Oil Operations Permit.

D. Facility with a General Oil Operations Permit. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility with an aggregate storage capacity of greater than 2,500 gallons that operates under a General Oil Operations Permit, as required under Regulation .09B of this chapter, shall register and maintain registration for each AST system located at the facility in accordance with the registration procedures of this section.

(1) Registration Form. An owner, an operator, or a person in charge of an oil storage facility or oil handling facility:

(a) Shall register or amend the registration for each AST system located at the facility using a registration form provided by the Department;

(b) May use one registration form to register multiple AST systems at a single facility;

(c) May not use one registration form to register multiple AST systems located at more than one facility;

(d) Shall provide all of the required information on the registration form, including information unchanged since the last registration form was submitted to the Department for the AST system; and

(e) Shall sign and date each registration form submitted to the Department.

(2) Registration Schedule. An owner, an operator, or a person in charge of an oil storage facility or oil handling facility shall:

(a) Register an AST system with the Department in accordance with the following schedule:

(i) If the AST system is installed on or after June 13, 2022, within 30 days of installing the AST system; and

(ii) If the AST system was installed before June 13, 2022, not later than 18 months after June 13, 2022; and

(b) Submit an amended registration form to the Department within 30 days of one or more of the following changes to an AST system or an oil storage facility or oil handling facility:

(i) The sale, transfer of ownership, or change in ownership structure;

(ii) A change in the oil product stored in the AST system;

(iii) A change in status of the AST system from or to in-service, permanently closed or out-of-service, including a change-in-service to store a non-oil product in the AST system; or

(iv) The installation of a new or replacement AST system at the facility.

(3) Recordkeeping. An owner, an operator, or a person in charge of an oil storage facility or oil handling facility shall:

(a) Maintain a copy of each complete AST system registration form at the oil storage facility or oil handling facility; and

(b) Make a copy of a complete AST system registration form available upon request by the Department.

Md. Code Regs. 26.10.01.10

Regulations .10 transferred to COMAR 10.50.01 effective July 1, 1980
Regulations .10 adopted effective January 28, 1985 (12:2 Md. R. 134); Regulations .10 transferred to COMAR 10.50.01 effective July 1, 1980
Regulations .10 adopted effective January 28, 1985 (12:2 Md. R. 134); adopted effective 49:12 Md. R. 642, eff. 6/13/2022