1. A. This regulation does not apply to:

   1. (1) A marine oil facility;
   2. (2) An oil storage facility with loading and unloading facilities;
   3. (3) An oil storage facility or oil handling facility utilizing a flange-to-flange closed transfer piping system; or
   4. (4) A marine motor fuel dispensing facility where oil used as fuel is stored and dispensed only into fuel tanks of vessels of 300 gross tons or greater.
2. B. If a marina is located in an area subject to flooding, an owner, an operator, and a person in charge of the marina shall ensure an AST and each dispenser at the marina used for fueling vessels or motor vehicles is anchored securely to prevent the AST or dispenser from floating and spilling, releasing, and discharging oil.

3. C. An owner, an operator, and a person in charge of a new or replacement storage tank system used for fueling vessels at a marina shall:

   1. (1) Before beginning the installation of the storage tank system, obtain any applicable wetland and waterways authorization stated in Regulation .04E of this chapter;
   2. (2) Comply with §E of this regulation;

   3. (3) Ensure the design and construction of a marina fueling system, including the piping system installed on a pier and connected to a dispenser, complies with the following standards:

      1. (a) NFPA 30 “Flammable and Combustible Liquids Code”;
      2. (b) NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”; and
      3. (c) PEI/RP1000-14 “Recommended Practices for the Installation of Marina Fueling Systems”; and

   4. (4) At least 60 days prior to the start of installation, submit to the Department for review and approval the storage tank system engineering plans prepared by one or more of the following individuals:

      1. (a) A professional engineer;
      2. (b) An individual certified as a UST system technician in accordance with COMAR 26.10.06;
      3. (c) A certified inspector, as defined in COMAR 26.10.17.02B; or
      4. (d) An authorized inspector, as defined in COMAR 26.10.18.02B.

4. D. An owner, an operator, and a person in charge of an oil storage tank system installed before June 13, 2022 that is used for fueling vessels at a marina shall comply with §E of this regulation not later than:

   1. (1) 3 years after June 13, 2022; or
   2. (2) Another time period approved by the Department.

5. E. Marina Fueling System Requirements. An owner, an operator, and a person in charge of an oil storage tank system used for fueling vessels at a marina shall ensure a marina fueling system satisfies all of the following requirements:

   1. (1) A readily accessible shut-off ball valve for each pipe conveying oil from a storage tank to a dispenser on a fueling pier is:

      1. (a) Located on-shore and near to the approach to the fueling pier;
      2. (b) Located outside of any secondary containment area;
      3. (c) Grouped in one location;
      4. (d) In a waterproof containment sump that is not locked or bolted closed; and
      5. (e) Identified by a sign stating “EMERGENCY FUEL SHUTOFF VALVE” in 2-inch minimum red capital letters;

   2. (2) The electrical components of a marina fueling system:

      1. (a) Are installed in accordance with NFPA 70 “National Electrical Code”; and

      2. (b) Include emergency shut-off switches:

         1. (i) That are interlocked to shut off power to all pump motors, fuel dispensing devices, solenoid valves, and electrical circuits in classified areas from any individual location and manually reset only from a master switch;
         2. (ii) Located on land within 10 feet of the bulkhead and near to the approach to a fueling pier;
         3. (iii) Located on a fueling pier at least 20 feet and not further than 100 feet from a dispenser; and
         4. (iv) Identified by a sign stating “EMERGENCY PUMP SHUTOFF” in 2-inch minimum red capital letters;

   3. (3) The fuel dispensing system, including each dispenser, dispenser hose and nozzle, at the marina:

      1. (a) Is UL listed or approved for the fuel being dispensed;
      2. (b) Is compatible with the product piping;
      3. (c) Has a containment sump that does not leak; and
      4. (d) Has a UL listed shear valve placed and properly anchored at the dispenser in accordance with manufacturer requirements;
   4. (4) Each fuel delivery nozzle on a dispenser used for fueling vessels is an automatic-closing type without a latch-open device;
   5. (5) One or more signs are posted in the dispensing area that provide instructions to the public on vessel fueling procedures in accordance with Section 11.10.8 of NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;
   6. (6) If the hose length of a dispenser hose is greater than 18 feet, the dispenser hose is secured by a hose reel;

   7. (7) Underground piping:

      1. (a) Between an AST and the bulkhead complies with COMAR 26.10.03.02 and 26.10.05.01 and .02; and

      2. (b) May be used between the bulkhead and the dispenser only if the underground piping has UL listed flexible double-walled construction:

         1. (i) Rated for aboveground, overwater, or underwater use by the piping manufacturer; or
         2. (ii) Not rated for aboveground, overwater, or underwater use by the piping manufacturer, but the piping is sleeved in rigid, corrosion-resistant pipe meeting a minimum 2-hour fire rating; and

   8. (8) The transition piping between the bulkhead and a floating pier:

      1. (a) Includes:

         1. (i) A reducing seal at the bulkhead;
         2. (ii) Non-corrosive pipe supports;
         3. (iii) An in-line breakaway that seals both ends of the piping;
         4. (iv) Single plane swivel joints with flanged fittings; and
         5. (v) Fire-rated flex connectors; and

      2. (b) Connects to the floating pier piping in a leak-proof containment sump with:

         1. (i) A manual ball valve in the product line;
         2. (ii) A solenoid valve that is closed when the emergency pump shutoff is activated or when no fueling is occurring; and
         3. (iii) A sump sensor that triggers a positive system shutdown.

6. F. An owner, an operator, and a person in charge of a marina shall:

   1. (1) Provide an attendant during vessel fueling activities and the attendant shall:

      1. (a) Be familiar with the dispensing systems and emergency shutoff controls;
      2. (b) Prevent the dispensing of oil into improper portable containers;
      3. (c) Ensure vessels are properly moored and all fueling connections are made;
      4. (d) Be within 15 feet of the dispensing controls during a fueling operation; and
      5. (e) Maintain a direct, clear, and unobstructed view of both the vessel fuel filler neck and the emergency pump shutoff; and

   2. (2) Provide a spill response box near to a fuel dispensing area that:

      1. (a) Stores a sufficient quantity of sorbent materials that can float on water to contain a minimum of 25 gallons of oil; and
      2. (b) The person in charge of the marina inspects monthly to ensure supplies of sorbent materials are maintained.

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)