Md. Code Regs. 26.10.03.01

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

Section 26.10.03.01 - Performance Standards for New or Replacement UST Systems

A. An owner and an operator of a new or replacement UST system shall comply with the requirements of this chapter for as long as a UST system is used to store a regulated substance to prevent a spill, release, or discharge due to structural failure, corrosion, or an overfill.

B. UST Standards for a New or Replacement UST System.

(1) An owner and an operator of a UST system shall install a UST that is properly designed, constructed, and protected from corrosion in accordance with one of the following methods:

(a) The UST is constructed of UL listed fiberglass-reinforced plastic;

(b) The UST is constructed of steel, is coated with a suitable dielectric material, and has one of the following cathodic protection systems:

(i) An impressed current system designed by a corrosion expert; or

(ii) A manufacturer-installed cathodic protection system that is UL listed or approved by STI;

(c) The UST is constructed of steel and clad or jacketed with a non-corrodible material that is UL listed or approved by STI; or

(d) Subject to the approval of the Department, the UST is constructed and protected from corrosion by an alternative installation method that is designed to prevent a spill, release, or discharge or a threatened spill, release, or discharge of a stored regulated substance in a manner determined by the Department to be as protective of public health, safety, and welfare and the environment as the USTs described in §B(1)(a)-(c) of this regulation.

(2) An owner and an operator of a UST system installed after January 11, 2009 shall install a UST that has secondary containment.

(3) An owner and an operator of a UST system with a cathodic protection system installed in accordance with §B(1)(b) of this regulation shall:

(a) Operate and maintain the cathodic protection system in accordance with COMAR 26.10.04.02; and

(b) If the UST cathodic protection system is an impressed current system, ensure the impressed current system is designed to allow for the determination of the current operating status as required in COMAR 26.10.04.02.

C. Notification.

(1) In a format required by the Department, an owner, an operator, and a person in charge of a new or replacement UST system shall notify the Department in writing of the installation of the new or replacement UST system not later than 5 working days before installation begins.

(2) In accordance with Regulation .09 of this chapter, an owner, an operator, and a person in charge of a new or replacement UST system shall register the UST system with the Department after the installation of the UST system is complete.

D. Previously Installed USTs. An owner and an operator of a UST system shall:

(1) Only install a previously installed UST if:

(a) The owner and the operator submit to the Department a written certification from the UST manufacturer that states the previously installed UST is suitable for service; and

(b) The Department has provided the owner and the operator written approval to install the previously installed UST;

(2) Begin the installation of the previously installed UST within 60 days of the issuance of the Department's written approval to install the UST or in accordance with another schedule required by the Department;

(3) Ensure all UST system standards and installation requirements of COMAR 26.10 are met when installing the previously installed UST; and

(4) Maintain the manufacturer's written certification and the Department's written approval in accordance with the recordkeeping requirements in COMAR 26.10.04.05.

Md. Code Regs. 26.10.03.01

Regulation .01 amended effective January 12, 2009 (36:1 Md. R. 25)
Regulation .01B amended effective June 29, 1998 (25:13 Md. R. 997); adopted effective 49:12 Md. R. 642, eff. 6/13/2022