Md. Code Regs. 26.10.10.01

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

Section 26.10.10.01 - Temporary Closure

A. When a UST system is temporarily closed, an owner and an operator of a UST system shall:

(1) If a metal UST system, continue operation and maintenance of corrosion protection in accordance with COMAR 26.10.04.02;

(2) Except as provided in §B(3) of this regulation, maintain a method of release detection in accordance with COMAR 26.10.05 and, if the UST system has a field-constructed tank or is an airport hydrant system, COMAR 26.10.12;

(3) If a spill, release, or discharge is suspected or confirmed, comply with the reporting, investigation, and corrective action requirements in COMAR 26.10.08 and 26.10.09;

(4) In accordance with COMAR 26.10.03.09, amend the registration for the UST system not later than 30 days following the temporary closure of the UST system; and

(5) If a motor fuel, bulk oil storage, used oil, or hazardous substance UST system, perform the UST system inspections required in COMAR 26.10.03.10.

B. When a UST system is temporarily closed and the storage tank system is emptied by having all materials removed using commonly employed practices so that not more than 1 inch of residue or 0.3 percent by weight of the total capacity of the UST remain in the UST system, an owner and an operator of a UST system is not required to perform:

(1) Operation and maintenance testing and inspections of spill and overfill prevention equipment, as required by COMAR 26.10.03.03;

(2) Periodic operation and maintenance walkthrough inspections, as required by COMAR 26.10.04.03; and

(3) Operation and maintenance testing and inspections of release detection equipment, as required by COMAR 26.10.05.

C. When a UST system is temporarily closed for 3 months or more, an owner and an operator of a UST system shall:

(1) Leave the vent line open and functioning; and

(2) Cap and secure all other lines, pumps, manways, and ancillary equipment.

D. When a UST system does not meet the performance standards for new UST systems in COMAR 26.10.03.01 or the upgrading requirements in COMAR 26.10.03.08, except for the requirements of COMAR 26.10.03.08F, and the UST system has been temporarily closed for more than 6 months, an owner and an operator of a UST system shall:

(1) Permanently close the UST system in accordance with Regulations .02-.05 of this chapter; or

(2) If the Department grants an extension, permanently close the UST system within the time period established by the Department and in accordance with Regulations .02-.05 of this chapter.

E. When a UST system meets the performance standards for new UST systems in COMAR 26.10.03.01 or the upgrading requirements in COMAR 26.10.03.08, and the UST system has been temporarily closed for more than 1 year, an owner and an operator of a UST system shall:

(1) Permanently close the UST system in accordance with Regulations .02-.05 of this chapter; or

(2) If the Department grants an extension, permanently close the UST system within the time period established by the Department and in accordance with Regulations .02-.05 of this chapter.

F. An owner and an operator of a temporarily closed UST system required to permanently close the UST system under §D or E of this regulation may apply to the Department for an extension to the required time period for completing the permanent closure by:

(1) Completing a site assessment in accordance with the procedures in Regulation .03 of this chapter; and

(2) Submitting a written site assessment report to the Department that includes, at a minimum, the following information:

(a) The location of the UST system on the property;

(b) The date the site assessment was performed;

(c) A summary of any field test and the laboratory analytical results;

(d) The name of the contractors who performed the work; and

(e) All analytical data and laboratory reports.

Md. Code Regs. 26.10.10.01

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