Md. Code Regs. 26.10.03.08

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

Section 26.10.03.08 - Upgrading Existing UST Systems

A. This regulation does not apply to an owner and an operator of:

(1) A UST system containing heating oil for consumptive use; or

(2) A UST system with a field-constructed tank or an airport hydrant fuel distribution system.

B. Closure of an Existing UST System.

(1) Except as provided in §B(2) of this regulation, an owner and an operator of an existing UST system shall permanently close the UST system in accordance with:

(a) The closure requirements under COMAR 26.10.10; and

(b) The reporting and corrective action requirements under COMAR 26.10.08 and 26.10.09.

(2) An owner and an operator of an existing UST system are not required under §B(1) of this regulation to permanently close the existing UST system if the following conditions are met:

(a) Upon installation, the existing UST system was installed in accordance with the performance standards under Regulations .01B, .02B, .03A(1)(a) and (2)(a), and .07A of this chapter; or

(b) The existing UST system was upgraded on or before December 22, 1998 in accordance with the requirements under §§D-F of this regulation.

C. Unless an existing UST system meets the conditions in §B(2) of this regulation, an owner and an operator of an existing UST system may not allow delivery of a regulated substance to, or dispensing of a regulated substance from, the existing UST system.

D. Upgrade Requirements.

(1) Not later than December 22, 1998, an owner and an operator of an existing UST system with a steel UST shall implement of one the following corrosion protection methods under §D(2) or (3) of this regulation.

(2) Cathodic Protection System. Not later than December 22, 1998, an owner and an operator of an existing UST system with a steel UST shall upgrade the UST by installing a cathodic protection system meeting the performance standards in Regulation .01B(1)(b)(i) and (3) of this chapter, and ensuring the integrity of the UST through one of the following methods:

(a) Internally inspect and assess the UST to ensure the storage tank is structurally sound and free of corrosion holes;

(b) Demonstrate the UST was not installed before December 22, 1988, and the UST has been monitored monthly for releases in accordance with COMAR 26.10.05.05E-H;

(c) Demonstrate the UST was not installed before December 22, 1988, and the UST has been assessed by conducting two precision tightness tests meeting requirements of Regulation .05A-C of this chapter and the following testing schedule:

(i) The first precision tightness test was conducted before installing the cathodic protection system; and

(ii) The second precision tightness test was conducted between 3 and 6 months following the first operation of the cathodic protection system; or

(d) Demonstrate that the UST was assessed for corrosion holes using a method determined by the Department to prevent spills, releases, and discharges in a manner that is not less protective of public health, safety, and welfare and the environment than the methods specified under §D(2)(a)-(c) of this regulation.

(3) Internal Lining Combined with Cathodic Protection. Not later than December 22, 1998, an owner and an operator of an existing UST system with a steel UST that meets the requirements of API Standard 1631 "Interior Lining and Periodic Inspection of Underground Storage Tanks" shall upgrade the steel UST with an internal lining and a cathodic protection system as follows:

(a) Before applying the interior lining, determine if there is evidence of a spill, release, or discharge from the UST system where a spill, release, or discharge is most likely to be present;

(b) Apply the interior lining:

(i) In compliance with the repair standards in COMAR 26.10.04.04; and

(ii) In accordance with the requirements in API Standard 1631 "Interior Lining and Periodic Inspection of Underground Storage Tanks";

(c) Install a cathodic protection system that meets the performance standards for cathodic protection under Regulation .01B(1)(b)(i) and (3);

(d) Conduct a precision tightness test on the UST system in accordance with Regulation .05A-C of this chapter before placing the UST system back into service;

(e) Maintain, and make available for inspection by the Department upon request, a written certification from the contractors that performed the work required under §D(3)(a)-(d) of this regulation that states all work was performed in accordance with the requirements of this regulation; and

(f) Internally inspect the lined UST within the first 10 years after applying the lining and at least every 5 years thereafter, with the results of each inspection finding that the lining is structurally sound and performing in accordance with the original design specifications.

(4) After December 22, 1998, if the internal lining of an existing UST system upgraded using the method in §D(3) of this regulation no longer performs in accordance with original design specifications, the owner and the operator of the existing UST system shall permanently close the UST system in accordance with procedures in COMAR 26.10.10.

E. Piping Upgrade Requirements. Not later than December 22, 1998, an owner and an operator of an existing UST system shall upgrade metal piping in contact with the ground by installing a cathodic protection system that meets the performance standards for cathodic protection under Regulation .02B(1)(b) and (2) of this chapter.

F. Spill and Overfill Prevention Equipment Requirements. Not later than December 22, 1998, an owner and an operator of an existing UST system shall upgrade the UST system to meet the performance standards under Regulation .03A(1)(a) and (2)(a) of this chapter.

G. In accordance with Regulation .09 of this chapter, an owner, an operator, and a person in charge of an existing UST system shall amend the registration for the existing UST system after an upgrade performed in compliance with this regulation is complete.

Md. Code Regs. 26.10.03.08

Regulation .08 amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 38); adopted effective 49:12 Md. R. 642, eff. 6/13/2022