Md. Code Regs. 26.10.01.21

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.10.01.21 - Requirements for Marine Oil Facilities

A. Response Plan.

(1) An owner and an operator of a marine oil facility required to have an approved response plan under 33 CFR Part 154, Subpart F may not operate the marine oil facility unless the owner, the operator, and the marine oil facility are in full compliance with federal requirements for a response plan.

(2) An owner and an operator of a marine oil facility shall include in a response plan, at a minimum:

(a) Training elements;

(b) Oil spill, release, or discharge contingency elements;

(c) Removal equipment elements; and

(d) All of the elements required to be included in a response plan under 33 CFR Part 154, Subpart F.

(3) An owner and an operator of a marine oil facility shall provide to the Department a current response plan as part of an application for:

(a) A new Individual Oil Operations Permit; and

(b) A renewal of an Individual Oil Operations Permit.

(4) An owner and an operator of a marine oil facility shall implement all of the elements of an approved response plan in accordance with the schedule of compliance in 33 CFR Part 154, Subpart F.

(5) An owner and an operator of a marine oil facility shall:

(a) Maintain an approved response plan at the marine oil facility; and

(b) Make the approved response plan available for review upon request by the Department.

B. Spill, Release, and Discharge Prevention at Marine Oil Facilities.

(1) An owner and an operator of a marine oil facility shall institute safe fill and shutdown procedures to prevent oil spills, releases, or discharges:

(a) During an oil transfer operation; and

(b) In the event of an overfill of a storage tank.

(2) An owner and an operator of a marine oil facility shall include in the procedures required under §B(1) of this regulation, at a minimum, the following elements:

(a) Prior to commencing an oil transfer operation, an owner, an operator, and a person in charge of the marine oil facility confirms that the volume available in the receiving storage tank is greater than the volume of oil to be transferred;

(b) The continuous monitoring of an oil transfer operation by manual or automatic means until the transfer of oil is complete;

(c) A storage tank fill valve not in use during an oil transfer operation is closed and secured; and

(d) The transfer of oil only occurs into a storage tank designated to receive the oil.

(3) Shutdown System or Alarm.

(a) Storage tanks receiving asphalt (CAS8052424) from a tank vessel are exempt from the requirements of §B(3) of this regulation.

(b) An owner and an operator of a marine oil facility shall:

(i) Install an automatic shutdown system on each storage tank to be used during the transfer of oil from a tank vessel that will, in the event of an overfill, direct the flow of oil to another storage tank capable of receiving the oil or shut down the pumping system; or

(ii) Equip each AST used in the transfer of oil from a tank vessel with a high level alarm.

(c) If an AST is equipped with a high level alarm in accordance with §B(3)(b)(ii) of this regulation, an owner and an operator of a marine oil facility shall install a high level alarm that:

(i) Consists of a device capable of visually and audibly alerting the owner and the operator of the marine oil facility of an impending storage tank overfill; and

(ii) If a failure, malfunction, or power loss occurs during the transfer of oil, causes a warning light and audible signal to activate at a location in which the owner and the operator of the marine oil facility monitors or controls oil transfers at the facility.

(4) If a high level alarm sounds, an owner and an operator of a marine oil facility shall initiate an immediate and orderly emergency shutdown of the oil transfer.

(5) An owner and an operator of a marine oil facility using a high level alarm shall include an emergency shutdown procedure in the facility records and ensure that all facility personnel involved in the transfer operation are trained in the emergency shutdown procedure.

(6) An owner and an operator of a marine oil facility shall ensure that an automatic shutdown system or high level alarm system is tested:

(a) Monthly; or

(b) Before a receipt of oil.

(7) An owner and an operator of a marine oil facility shall:

(a) Maintain records of testing at the marine oil facility; and

(b) Make the records of testing available for review by a representative of the Department upon request.

Md. Code Regs. 26.10.01.21

Regulations .21 adopted effective January 28, 1985 (12:2 Md. R. 134); Regulations .21 adopted effective January 28, 1985 (12:2 Md. R. 134); adopted effective 49:12 Md. R. 642, eff. 6/13/2022