1. A. Individual Oil Operations Permit.

   1. (1) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility that meets one or more of the following conditions shall obtain an Individual Oil Operations Permit in accordance with Regulation .11 of this chapter:

      1. (a) An oil storage facility or oil handling facility having an aggregate storage capacity of 10,000 gallons or greater;
      2. (b) A marina with an AST system that is part of a motor fuel dispensing facility;
      3. (c) An oil storage facility or oil handling facility involved in the handling, reuse, processing, re-refining, or disposal of used oil that has an aggregate storage capacity of 1,000 gallons or greater of used oil;

      4. (d) An oil storage facility or oil handling facility involved in the delivery or transfer of oil:

         1. (i) Using a truck tank or transport with a cargo tank capacity of 500 gallons or greater; and
         2. (ii) To or from any point within the State, including deliveries from out-of-State facilities;
      5. (e) An oil storage facility or oil handling facility with a loading/unloading rack or transfer area used in the transfer of oil to or from a truck tank, transport, or tank car;
      6. (f) An oil storage facility or oil handling facility otherwise permitted under §B of this regulation that delivers, transfers, or stores oil if the Department determines the delivery, transfer, or storage of oil poses a water pollution hazard due to the facility’s size, nature, or location;
      7. (g) An oil-contaminated soil facility as defined in COMAR 26.10.13.02B; and
      8. (h) An oil storage facility or oil handling facility whose operations involve the solidification/stabilization of oil sludge, oil refuse, or oil mixed with other waste.

   2. (2) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to have an Individual Oil Operations Permit shall comply with the following provisions of COMAR 26.10:

      1. (a) Regulations .04—.06 of this chapter and COMAR 26.10.08 and 26.10.09 when a suspected or confirmed spill, release, or discharge occurs;
      2. (b) Regulations .03, .04, .10—.12, .19, and .24 of this chapter;

      3. (c) For an aboveground oil storage facility:

         1. (i) Regulations .18, .20, and .21 of this chapter;
         2. (ii) If the facility is located at a marina, Regulation .14 of this chapter;
         3. (iii) If the facility manages used oil, COMAR 26.10.15;
         4. (iv) If the facility has shop-fabricated ASTs, COMAR 26.10.17;
         5. (v) If the facility has field-erected ASTs, COMAR 26.10.18;
         6. (vi) If the facility has underground piping connected to an AST, COMAR 26.10.03.02 and 26.10.05.02D; and
         7. (vii) COMAR 26.10.10, which specifies the closure requirements for underground piping connected to an AST;
      4. (d) If the facility conducts deliveries or transfers of oil using a truck tank or transport, Regulations .16 and .17 of this chapter;
      5. (e) The oil transfer requirements in Regulation .18 of this chapter;
      6. (f) For an oil-contaminated soil facility, COMAR 26.10.13; and
      7. (g) For an oil solidification/stabilization facility, Regulation .15 of this chapter.

2. B. General Oil Operations Permit by Rule.

   1. (1) Unless required to obtain an Individual Oil Operations Permit under §A(1) of this regulation, an owner, an operator, and a person in charge of one of the following oil storage facilities or oil handling facilities is permitted by the Department to operate provided the conditions specified in this section are met:

      1. (a) An oil storage facility or oil handling facility with an aggregate storage capacity of less than 10,000 gallons;
      2. (b) An oil storage facility or oil handling facility involved in the handling, reuse, processing, re-refining, or disposal of used oil with an aggregate storage capacity of less than 1,000 gallons of used oil; and

      3. (c) An oil storage facility or oil handling facility involved in the delivery or transfer of oil:

         1. (i) Using a truck tank or transport with a cargo tank capacity of less than 500 gallons; and
         2. (ii) To or from any point within the State, including deliveries from out-of-State facilities.

   2. (2) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility permitted to operate under a General Oil Operations Permit shall comply with the following provisions of COMAR 26.10:

      1. (a) Regulations .04—.06 of this chapter and COMAR 26.10.08 and 26.10.09 when a suspected or confirmed spill, release, or discharge occurs;
      2. (b) Regulations .03, .04, .10, .12, .19, and .24 of this chapter;
      3. (c) If the facility has underground piping connected to an AST, COMAR 26.10.03.02 and 26.10.05.02D;
      4. (d) If the facility has shop-fabricated ASTs, COMAR 26.10.17;
      5. (e) If the facility has field-erected ASTs, COMAR 26.10.18;
      6. (f) If the facility manages used oil, COMAR 26.10.15; and
      7. (g) If the facility conducts oil deliveries or transfers using a truck tank or transport, Regulations .16 and .17 of this chapter.

Authority: Environment Article, §§1-101, 4-401, 4-402, 4-405, 4-407—4-412, 4-415—4-420, and 7-201 et seq.; State Government Article, §§10-206 and 10-226; Annotated Code of Maryland

Effective date: September 1, 1974 (1:1 Md. R. 33)

Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 593)

Regulation .07C amended effective September 12, 1983 (10:18 Md. R. 1607)

Regulation .07 repealed effective January 28, 1985 (12:2 Md. R. 134)

Regulations .01—.06 and .08—.13 transferred to COMAR 10.50.01 effective July 1, 1980

Regulations .01—.21 adopted effective January 28, 1985 (12:2 Md. R. 134)

Regulations .01A, B, .02C, .04A, .07A, .08A, .12A, .13, .15A, .17A, C amended effective December 28, 1987 (14:26 Md. R. 2743)

Regulations .04A, .12A, .13, .14B, C, .15, and .18B amended effective July 1, 1985 (12:13 Md. R. 1278)

Regulation .06 repealed and new Regulation .06 adopted effective December 28, 1987 (14:26 Md. R. 2743)

Regulation .09 amended effective September 23, 1985 (12:19 Md. R. 1847)

Regulation .14E adopted effective August 26, 1985 (12:17 Md. R. 1702)

Regulation .22 adopted effective December 28, 1987 (14:26 Md. R. 2743)

Appendix A amended effective August 26, 1985 (12:17 Md. R. 1702)

Appendix A recodified as Regulation .23 and amended effective December 28, 1987 (14:26 Md. R. 2743)

Chapter recodified from COMAR 08.05.04 to COMAR 26.10.01

Regulation .01 amended effective January 1, 1996 (22:26 Md. R. 2031); September 7, 1998 (25:18 Md. R. 1438); February 18, 2002 (29:3 Md. R. 223)

Regulation .01-1 adopted effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .02D adopted effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .04 amended effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .04A amended effective April 5, 2010 (37:7 Md. R. 575)

Regulation .05 repealed effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .05 adopted effective February 24, 1997 (24:4 Md. R. 294)

Regulations .07, .16, and .17 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)

Regulation .07A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

Regulation .08A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .09B amended effective February 4, 1991 (18:2 Md. R. 151)

Regulation .12 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .12A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); April 5, 2010 (37:7 Md. R. 575)

Regulation .12B amended effective September 18, 1989 (16:18 Md. R. 2025); February 18, 2002 (29:3 Md. R. 223)

Regulations .13—.15 repealed effective February 4, 1991 (18:2 Md. R. 151)

Regulation .16 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .17 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .17A amended effective September 18, 1989 (16:18 Md. R. 2025)

Regulation .18B amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .19 repealed effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .20A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

Regulations .22—.24 repealed effective February 4, 1991 (18:2 Md. R. 151)

Regulation .23 amended effective May 1, 1989 (16:8 Md. R. 911)

Regulation .24 adopted effective May 1, 1989 (16:8 Md. R. 911)

Regulations .22—.24 recodified from Regulations .25—.27 and adopted effective January 1, 1996 (22:26 Md. R. 2031)

Regulations .01—.24 repealed and new Regulations .01—.24 adopted effective June 13, 2022 (49:12 Md. R. 642)