Md. Code Regs. 26.10.04.01

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

Section 26.10.04.01 - Spill and Overfill Control

A. Delivery and Transfer Operations. An owner and an operator of a UST system shall ensure:

(1) The ullage available in the UST is greater than the volume of the regulated substance to be transferred to the UST before delivery or transfer begins;

(2) During a delivery or transfer operation:

(a) A spill, release, or discharge of a regulated substance does not occur due to overfilling the UST or spilling a regulated substance during the transfer; and

(b) The delivery or transfer operation is constantly monitored to prevent overfilling of the UST and spilling of a regulated substance;

(3) The delivery or transfer operation is conducted in accordance with the requirements in COMAR 26.10.01.16 and .17 and NFPA 385 "Standard for Tank Vehicles for Flammable and Combustible Liquids"; and

(4) The company making an oil delivery or transfer using a truck tank or transport with a cargo tank capacity of 500 gallons or greater holds a valid Individual Oil Operations Permit from the Department in accordance with COMAR 26.10.01.09.

B. An owner and an operator of a UST system and a responsible party shall report, investigate, and remediate spills, releases, and discharges and overfills from a UST system in accordance with COMAR 26.10.08.04.

C. Liquid Level Measurements.

(1) An owner and an operator of a metered UST system shall:

(a) Each day of operation, measure the liquid level of the UST using a gauging stick or an electronic method and reconcile the results with:

(i) Pump meter readings of the UST; and

(ii) Regulated substance delivery receipts for the UST;

(b) Perform inventory in accordance with "USEPA Doing Inventory Control Right for Underground Storage Tanks"; and

(c) Review reconciled inventory records in accordance with the inventory control requirements in COMAR 26.10.05.04.

(2) An owner and an operator of a non-metered UST system designed to allow for the direct measurement of liquid levels in the UST shall gauge the liquid level in the UST using a gauging stick or an electronic method and record the measurements in writing before filling the UST.

(3) An owner and an operator of a UST system shall maintain the liquid level measurement and inventory reconciliation records required under §C(1) and (2) of this regulation:

(a) For 5 years at the regulated substance storage facility where the UST system is located, or another location designated by the owner of the UST system; and

(b) In accordance with Regulation .05 of this chapter.

D. Delivery and Transfer Equipment. An owner and an operator of a UST system shall:

(1) Ensure spill catchment basins are kept clean and dry;

(2) In order to prevent liquid or other matter from entering the UST system, return and secure any fill pipe or Stage I vapor recovery connection cap taken off during a delivery or transfer operation;

(3) Install a UST system designed to allow for the direct measurement of liquid levels using the gauging stick method;

(4) Maintain a storage tank gauging stick in good operating condition and capable of measuring the level of a regulated substance over the full range of the UST and riser pipe height to the nearest 1/8 inch;

(5) In compliance with NFPA 30 "Flammable and Combustible Liquids Code", install a drop-tube in the fill pipe of:

(a) A UST system that stores a flammable substance; or

(b) A UST system with a capacity greater than 1,100 gallons that stores a combustible substance;

(6) Install a high liquid level gauge, an alarm system, or a pump cut-off device on a UST system if the Department determines an overfill of oil is possible;

(7) If a vent is not visible to a person positioned at the UST system fill, conduct additional procedures for filling a UST system as required by the Department to ensure a safe transfer or delivery of a regulated substance;

(8) To indicate the size of a UST and the type of regulated substance stored, clearly mark all fill pipes for a UST system as follows:

(a) Install a permanent tag or sign immediately adjacent to the fill pipe that states the size of the UST and the specific type of regulated substance being stored; or

(b) Use a color code that conforms to the following requirements:

(i) Using the marking system recommended in API Recommended Practice 1637 "Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals", paint or place color markings around the fill pipe or manhole cover in a manner that will readily identify the regulated substance stored in the UST; and

(ii) Print the color code on a sign that is not less than 8 x 10 inches in size with letters not less than 5/16 inch high, post the sign at the regulated substance storage facility in a prominent location visible from the fill pipe area, and make the signage available for inspection at all times to show the UST size and type of regulated substance stored;

(9) Only mark pipes or openings used for the transfer of a regulated substance stored at the regulated substance storage facility in a manner that associates the pipes or openings with the transfer of that regulated substance; and

(10) Keep a key or other access device at the regulated substance storage facility for access to a dispenser system connected to the UST system.

Md. Code Regs. 26.10.04.01

Regulation .01 amended effective January 16, 2006 (33:1 Md. R. 39)
Regulation .01F amended as an emergency provision effective July 5, 2006 (33:16 Md. R. 1363); emergency status expired December 31, 2006; adopted effective 49:12 Md. R. 642, eff. 6/13/2022