Md. Code Regs. 26.10.18.07

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

Section 26.10.18.07 - Spill and Overfill Prevention

A. To prevent a spill, release, or discharge of oil due to an overfill of a field-erected AST, an owner, an operator, and a person in charge of an AST system with a field-erected 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;

(b) If filled to or in excess of the high-high level, emptied to the maximum working level as soon as practical; and

(c) Never filled to the critical high level; and

(3) Install, operate, inspect, maintain, and test overfill prevention equipment in accordance with:

(a) The requirements of this regulation and Regulation .11 of this chapter;

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

(c) If an oil storage facility meets the conditions in §H of this regulation, ANSI/API Standard 2350 "Overfill Prevention for Storage Tanks in Petroleum Facilities".

B. An owner, an operator, and a person in charge of an AST system with a field-erected 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 AST's normal or emergency vent.

C. In accordance with COMAR 26.10.08.04, an owner, an operator, and a person in charge of an AST system with a field-erected 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 field-erected 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 field-erected 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 .13 of this chapter.

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

(1) Equip the field-erected 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 manufacture's specifications; and

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

G. Overfill Prevention Equipment. Except as provided in §H of this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall:

(1) Install the following overfill prevention equipment on the AST:

(a) A high-high level alarm that:

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

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

(iii) Goes into alarm when the liquid level reaches the high-high level of the AST established in §G(2) of this regulation and upon the failure or malfunction of the device; and

(b) An automatic shut-off device that:

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

(ii) Automatically shuts off the flow of oil into an AST when the liquid level reaches the automatic shut off level of the AST established in §G(2) of this regulation; and

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

(2) Set the levels at which the overfill prevention equipment activates as follows:

(a) For a field-erected AST with a capacity of less than 200,000 gallons:

(i) The high-high level may not be greater than 90 percent of the critical high level of the AST; and

(ii) The automatic shut off level may not be greater than 95 percent of the critical high level of the AST;

(b) For a field-erected AST with a capacity of 200,000 gallons or greater but less than 1,000,000 gallons:

(i) The high-high level may not be greater than 95 percent of the critical high level of the AST; and

(ii) The automatic shut off level may not be greater than 98 percent of the critical high level of the AST; and

(c) For a field-erected AST with a capacity of 1,000,000 gallons or greater:

(i) The high-high level may not be less than 6 inches below the critical high level of the AST; and

(ii) The automatic shut off level may not be less than 3 inches below the critical high level of the AST;

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

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

H. Overfill Prevention System.

(1) An owner, an operator, and a person in charge of the following AST systems with a field-erected AST shall comply with the requirements of this section:

(a) An AST system that receives Class I liquids or Class II liquids by interstate pipeline, intrastate pipeline, or marine vessel transfers; or

(b) An AST system that is otherwise subject to the requirements of ANSI/API Standard 2350 "Overfill Prevention for Storage Tanks in Petroleum Facilities".

(2) In accordance with ANSI/API Standard 2350 "Overfill Prevention for Storage Tanks in Petroleum Facilities", an owner, an operator, and a person in charge of a AST system with a field-erected AST listed in §H(1) of this regulation shall create and implement a comprehensive overfill prevention system that incorporates the following components:

(a) A documented management system;

(b) A risk assessment for each AST subject to an overfill;

(c) Defined operational parameters, including levels of concern within the AST, response times, and periodic reviews of the levels of concern and response times;

(d) Written procedures for:

(i) Receiving and terminating transfers;

(ii) Emergencies and abnormal conditions;

(iii) Training personnel on the overfill prevention system;

(iv) Testing, inspecting, and maintaining overfill prevention equipment and associated training of personnel; and

(v) Maintenance of records, including records for testing and maintenance of overfill prevention equipment, storage tank alarm history, actuation of overfill prevention equipment, and overfills; and

(e) The physical overfill prevention equipment.

I. Labeling. An owner, an operator, and a person in charge of an AST system with a field-erected 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 .12 of this chapter, the words "OUT-OF-SERVICE" or "EMPTY"; and

(2) Permanently and clearly mark the field-erected 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 the 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 field-erected AST shall maintain records related to spill and overfill prevention measures required under this regulation in accordance with Regulation .13 of this chapter.

Md. Code Regs. 26.10.18.07

Regulation .07 adopted effective 49:12 Md. R. 642, eff. 6/13/2022