Md. Code Regs. 26.10.03.03

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

Section 26.10.03.03 - Spill and Overfill Prevention Equipment

A. Except as provided under §C of this regulation, an owner and an operator of a UST system shall use spill and overfill prevention equipment that complies with the requirements of this section.

(1) Spill Prevention Equipment. An owner and an operator of a UST system shall install and test spill prevention equipment that will prevent a spill, release, or discharge of a regulated substance into the environment when the transfer hose of a truck tank or transport is detached from the fill pipe or Stage I vapor recovery connection of a UST in accordance with the following requirements:

(a) Install a spill catchment basin with a minimum capacity of 5 gallons at the fill pipe of a new, replacement, or upgraded UST;

(b) Beginning November 4, 1996, install a spill catchment basin with a minimum capacity of 5 gallons at the fill pipe of a new, replacement, or upgraded UST system that receives used oil;

(c) Beginning July 1, 1998, install a spill catchment basin with a minimum capacity of 5 gallons at the Stage I vapor recovery connection on a new or replacement UST system that utilizes Stage I vapor recovery; and

(d) Test spill prevention equipment for tightness using a method approved by the Department at the following frequency:

(i) If the spill prevention equipment was installed before January 26, 2005, within 180 days of that date;

(ii) If the spill prevention equipment is installed on or after January 26, 2005, within 30 days of installing the spill prevention equipment;

(iii) Upon repair of the spill prevention equipment; and

(iv) At least annually after the most recent test was conducted.

(2) Overfill Prevention Equipment. An owner and an operator of a UST system:

(a) Shall ensure overfill prevention equipment:

(i) Automatically shuts off flow into a UST when the UST is 95 percent full; or

(ii) Alerts the transfer operator when a UST is 90 percent full by restricting the flow of a regulated substance into the UST or triggering a high level alarm;

(b) May not install or replace a flow restrictor in a vent line to comply with §A(2)(a) of this regulation after June 13, 2022;

(c) Shall have a UST system inspector or technician certified under COMAR 26.10.06 or a precision tightness tester certified by a test method recognized by the Department conduct an inspection and functional test of overfill prevention equipment as follows:

(i) Inspect overfill prevention equipment using a method approved by the Department to ensure the overfill prevention equipment is set to activate at the correct level specified in §A(2)(a) of this regulation when a regulated substance reaches that level in a UST; and

(ii) Conduct a functional test of the overfill prevention equipment using a method approved by the Department to ensure the overfill prevention equipment will activate when a regulated substance reaches the correct level specified in §A(2)(a) of this regulation; and

(d) Shall conduct inspections and functional tests of overfill prevention equipment in accordance with the procedures in §A(2)(c) of this regulation at the following frequency:

(i) Unless an inspection and functional test was conducted before June 13, 2022, within 1 year of June 13, 2022;

(ii) Upon the installation or repair of overfill prevention equipment; and

(iii) At least every 3 years after the most recent inspection and functional test was conducted.

(3) Containment Sumps. An owner and an operator of a UST system shall:

(a) Ensure a containment sump prevents the release of a regulated substance into the environment;

(b) Use a containment sump for all connections of piping to or from a UST and to or from a dispenser; and

(c) Test a containment sump for tightness using a method approved by the Department at the following frequency:

(i) If the containment sump was installed before January 26, 2005, within 1 year of that date;

(ii) If the containment sump is installed on or after January 26, 2005, within 30 days of installing the containment sump;

(iii) Upon repair of the containment sump;

(iv) If the most recent test conducted on the containment sump occurred before June 13, 2022, within 5 years of the most recent test; and

(iv) At least every 3 years after the most recent test was conducted.

(4) When a test for tightness conducted on spill prevention equipment or a containment sump results in a failed test result, the owner and the operator of the UST system and the person conducting the test shall report the failed test result to the Department within 2 hours in accordance with COMAR 26.10.08.01.

B. Dispenser System Requirements.

(1) When installing a new dispenser system, an owner and an operator of a UST system shall equip the dispenser system with underdispenser containment.

(2) A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to a UST system are installed at a regulated substance storage facility.

C. An owner and an operator of a UST system are not required to use the spill and overfill prevention equipment required under §A of this regulation if:

(1) The Department determines alternative equipment or methods used for spill and overfill prevention are as protective of public health, safety, and welfare and the environment as the equipment or methods required under §A of this regulation;

(2) Not more than 25 gallons of a regulated substance is transferred at one time to the UST system; or

(3) The UST system stores heating oil only for consumptive use and the UST system was installed before November 4, 1996.

D. Reporting and Recordkeeping.

(1) An owner and an operator of a UST system shall maintain records demonstrating compliance with the requirements for installing and operating spill and overfill prevention equipment and containment sumps for as long as the UST system is used to store a regulated substance.

(2) If an owner, an operator, and a person in charge of a UST system changes the method of spill or overfill prevention used, the owner, the operator, and the person in charge of the UST system shall provide the Department written notification within 30 days of the change.

(3) For each inspection and test conducted in compliance with §A(1)(d), (2)(d), and (3)(c) of this regulation, the owner and the operator of the UST system shall:

(a) Maintain test records that include at least the following information:

(i) The name of the testing company;

(ii) The name of the individual conducting the test;

(iii) The date of the test;

(iv) The data accumulated by the test; and

(v) The results of the test.

(b) Keep the test records on file at the regulated substance storage facility or at a location designated by and under the control of the owner and the operator of the UST system for as long as the UST system is used to store a regulated substance; and

(c) Make the records available to the Department upon request.

Md. Code Regs. 26.10.03.03

Regulation .03A amended effective February 18, 2002 (29:3 Md. R. 224)
Regulation .03A amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315
Regulation .03A amended effective January 16, 2006 (33:1 Md. R. 38)
Regulation .03D adopted effective June 29, 1998 (25:13 Md. R. 997); adopted effective 49:12 Md. R. 642, eff. 6/13/2022