1. A. Scope. This regulation establishes requirements for the delivery of heating oil to a residential heating oil tank and the use, installation, and permanent closure of a residential heating oil tank.

2. B. Heating Oil Delivery.

   1. (1) The owner of an oil delivery company shall have a valid Individual Oil Operations Permit issued by the Department:

      1. (a) To deliver heating oil to residential heating oil tanks; and
      2. (b) To employ persons to deliver heating oil to residential heating oil tanks.
   2. (2) A person may not deliver heating oil to a residential heating oil tank if the residential heating oil tank has a spill or release, visible or otherwise known, or unstable so as to likely fall over when filled.

   3. (3) A person may not deliver heating oil to a residential heating oil tank unless the residential heating oil tank is equipped with means to determine the heating oil level in the residential heating oil tank at the fill point by one or more of the following methods:

      1. (a) A functioning vent whistle with proper vent sizing;
      2. (b) A functioning visual or audible overfill alarm; or
      3. (c) A person confirming there is sufficient ullage in the residential heating oil tank for the planned delivery volume.

   4. (4) A person shall report a suspected or confirmed spill, release, or discharge of heating oil that occurs during a delivery to:

      1. (a) The Department in accordance with Regulation .05 of this chapter;
      2. (b) An individual living at the property; and
      3. (c) The owner of the residential heating oil tank.

   5. (5) Homeowner Heating Oil Deliveries.

      1. (a) A homeowner may deliver heating oil to a residential heating oil tank owned by the homeowner.

      2. (b) A homeowner delivering heating oil to a residential heating oil tank owned by the homeowner shall:

         1. (i) Comply with §B(2)—(4) of this regulation; and
         2. (ii) Report a suspected or confirmed heating oil spill, release, or discharge to the Department in accordance with Regulation .05 of this chapter.

3. C. New and Replacement Residential Heating Oil Tanks. A person installing a new or replacement residential heating oil tank aboveground, inside of a building, or underground shall comply with the following provisions:

   1. (1) Install a residential heating oil tank that meets the requirements of NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;

   2. (2) Ensure all underground piping or piping in contact with the ground surface is protected from corrosion in accordance with:

      1. (a) NFPA 30 “Flammable and Combustible Liquids Code”; and
      2. (b) NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;
   3. (3) Before installing a residential heating oil tank, obtain any applicable wetland and waterways authorization stated in Regulation .04E of this chapter;

   4. (4) If installing an aboveground residential heating oil tank aboveground or inside of a building, install a storage tank that is:

      1. (a) UL listed for aboveground use or a storage tank designed and constructed for aboveground use in accordance with a Department-approved industry standard; and

      2. (b) Placed on a foundation designed to minimize:

         1. (i) Uneven settling of the residential heating oil tank or the foundation; and
         2. (ii) Corrosion to any part of the residential heating oil tank resting on the foundation;

   5. (5) If installing an aboveground residential heating oil tank in an area subject to flooding, anchor the residential heating oil tank securely to prevent:

      1. (a) The residential heating oil tank from floating; and
      2. (b) A spill, release or discharge of heating oil from the residential heating oil tank; and

   6. (6) If installing an underground residential heating oil tank on or after June 13, 2022, install a storage tank that is:

      1. (a) UL listed for underground use or a storage tank designed and constructed for underground use in accordance with a Department-approved industry standard;
      2. (b) Constructed of corrosion protected steel or fiberglass reinforced plastic; and

      3. (c) Protected from corrosion in accordance with:

         1. (i) NFPA 30 “Flammable and Combustible Liquids Code”; and
         2. (ii) NFPA 31 “Standard for the Installation of Oil-Burning Equipment”.

4. D. Permanent Closure. A person shall complete all of the requirements of this section when permanently abandoning the use of heating oil as a fuel at a residential property or if removing a residential heating oil tank from a property.

   1. (1) Complete the permanent closure of a residential heating oil tank in accordance with PEI/RP1700-18 “Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems”.
   2. (2) Complete the requirements listed in §D(3) or (4) of this regulation within 30 days of the determination that a residential heating oil tank will be permanently closed.

   3. (3) When permanently closing a residential heating oil tank located aboveground or inside of a building:

      1. (a) Remove all flammable or combustible liquids from the storage tank and piping;
      2. (b) Dispose of all flammable and combustible liquids in accordance with federal, State, and local laws;
      3. (c) Remove the residential heating oil tank from the property;
      4. (d) Remove all piping and piping connections used for supplying heating oil between the storage tank and the heating system; and
      5. (e) Remove all fill and vent pipes or fill the pipes with cement to prevent accidental filling.
   4. (4) When permanently abandoning the use of heating oil as fuel, permanently close an underground residential heating oil tank in accordance with the closure requirements for UST systems in COMAR 26.10.10.

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)