Md. Code Regs. 26.10.17.08

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

Section 26.10.17.08 - Spill and Overfill Prevention

A. To prevent a spill, release, or discharge of oil due to an overfill of a shop-fabricated AST, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall:

(1) Establish written procedures for filling the AST and maintain the procedures at the oil storage facility or oil handling facility;

(2) Ensure the AST is:

(a) Normally filled to a level that does not exceed the maximum working level of the AST; and

(b) Never filled to the overfill level of the AST; and

(3) If required under NFPA 30 "Flammable and Combustible Liquids Code" or §G of this regulation, install, operate, inspect, maintain, and test overfill prevention equipment in accordance with:

(a) The requirements of this regulation and Regulation .12 of this chapter;

(b) NFPA 30 "Flammable and Combustible Liquids Code"; and

(c) PEI RP 600 "Recommended Practices for Overfill Prevention for Shop-Fabricated Aboveground Tanks".

B. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST may not use overfill prevention equipment:

(1) To control AST filling operations at an oil storage facility or oil handling facility; or

(2) That restricts or interferes with the functioning of the normal or emergency vent of the AST.

C. In accordance with COMAR 26.10.08.04, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST and a responsible party shall:

(1) Report and investigate a spill, release, or discharge from the AST system or an overfill; and

(2) Remediate the spill, release, or discharge or the overfill.

D. Delivery and Transfer Operations. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall:

(1) Confirm that the ullage available in the AST is greater than the volume of oil to be transferred to the AST before a delivery or transfer begins;

(2) During a delivery or transfer operation, ensure:

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

(b) The delivery or transfer operation is constantly monitored to prevent overfilling of the AST and spilling of oil;

(3) Ensure the delivery or transfer operation is conducted in accordance with the requirements in COMAR 26.10.01.16-.18 and NFPA 385 "Standard for Tank Vehicles for Flammable and Combustible Liquids"; and

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

E. Liquid Level Measurements. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall:

(1) Gauge the liquid level and record the measurements in writing before filling the AST; and

(2) Maintain the records required under §E(1) of this regulation in accordance with Regulation .14 of this chapter.

F. Tank Gauge. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall:

(1) Equip the shop-fabricated AST with a tank gauge or other equivalent monitoring device that is:

(a) Directly visible during a transfer operation;

(b) Accurately measures the level or quantity of oil in the AST;

(c) Independent of any overfill prevention equipment; and

(d) Maintained in working order;

(2) Install and maintain the tank gauge or other equivalent monitoring device in accordance with the manufacture's specifications; and

(3) Inspect and calibrate the tank gauge or other equivalent monitoring device at least once per year.

G. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST that has a storage capacity of 10,000 gallons or greater and is not located within a secondary containment dike shall install the following overfill prevention equipment on the AST system:

(1) An overfill alarm that:

(a) Has a test function to allow the operability of the device to be confirmed prior to each delivery or transfer of oil;

(b) Consists of a visual alarm and an audible alarm that alerts an individual involved in the oil delivery or transfer operation; and

(c) Goes into alarm when the liquid level in the AST reaches 90 percent of the overfill level and upon failure or malfunction of the overfill device; and

(2) An automatic shut-off device that:

(a) Has a test function to allow the operability of the device to be confirmed prior to each delivery or transfer of oil;

(b) Automatically shuts off the flow of oil into the AST when the liquid level reaches 95 percent of the overfill level; and

(c) Is equipped with a fail-safe mechanism that will trigger an alarm and shut off the flow of oil into the AST in the event of a device failure or malfunction.

H. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST using overfill prevention equipment shall:

(1) At least monthly, inspect and perform maintenance of overfill protection equipment in accordance with the manufacturer's instructions; and

(2) At least annually, perform functional testing of overfill protection equipment in accordance with the manufacturer's instructions.

I. Labeling. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall:

(1) Provide the following labeling on the AST system:

(a) The storage capacity of the AST in gallons;

(b) The type of oil stored or last stored in the AST prior to being placed out-of-service;

(c) A proper NFPA 704 "Standard System for the Identification of the Hazards of Materials for Emergency Response" placard; and

(d) If the AST system was placed out-of-service in accordance with Regulation .13 of this chapter, the words "OUT-OF-SERVICE" or "EMPTY"; and

(2) Permanently and clearly mark the shop-fabricated AST with the information listed in §I(1) of this regulation on, not less than two sides of the AST and in locations that are highly visible to employees of an oil storage facility or oil handling facility, contractors, government representatives, and emergency response personnel.

J. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall maintain records related to spill and overfill prevention measures required under this regulation in accordance with Regulation .14 of this chapter.

Md. Code Regs. 26.10.17.08

Regulation .08 adopted effective 49:12 Md. R. 642, eff. 6/13/2022