1. A. Requirements for an Owner and an Operator of a UST System.

   1. (1) Except as otherwise provided in §§B and C of this regulation, an owner and an operator of a UST system that uses or may use the UST system to store a regulated substance are subject to the requirements of this chapter, COMAR 26.10.03—26.10.12, and 26.10.16.
   2. (2) Beginning January 12, 2009, an owner and an operator installing a new or replacement UST system are subject to the interstitial monitoring requirements for methods of release detection in COMAR 26.10.05.05G.
   3. (3) Beginning January 12, 2009, an owner and an operator of a UST system installing new, replacement, or upgraded secondary containment piping are subject to the monitoring requirements for secondary containment piping in COMAR 26.10.05.02D(3).
   4. (4) An owner and an operator of an airport hydrant fuel distribution system are subject to the requirements in COMAR 26.10.12.
   5. (5) An owner and an operator of a UST system with one or more field-constructed tanks are subject to the requirements in COMAR 26.10.12.
   6. (6) An owner and an operator of a UST system that stores fuel for use by an emergency power generator are subject to the methods of release detection requirements in COMAR 26.10.05.

2. B. Exclusions. An owner and an operator of the following UST systems are not subject to the requirements of this chapter and COMAR 26.10.03—26.10.12 and 26.10.16:

   1. (1) A UST system holding:

      1. (a) A hazardous waste listed or identified under Subtitle C of the Resource Conservation and Recovery Act; or
      2. (b) A mixture of a hazardous waste, as described under §B(1)(a) of this regulation, and other regulated substances;
   2. (2) A wastewater treatment tank system that is part of a wastewater treatment facility regulated under §307(b) or 402 of the Clean Water Act (33 U.S.C. §1317(b) or 1342);
   3. (3) Equipment or machinery that contains a regulated substance for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;
   4. (4) A UST system that contains a de minimis concentration of a regulated substance; and
   5. (5) An emergency spill or overflow containment UST system that is expeditiously emptied after use.

3. C. Partial Exclusions.

   1. (1) An owner and an operator of the following UST systems are not subject to the requirements under COMAR 26.10.03—26.10.05, 26.10.08, 26.10.10, 26.10.12, and 26.10.16:

      1. (a) A wastewater treatment tank system not covered under §B(2) of this regulation;

      2. (b) An AST associated with:

         1. (i) An airport hydrant fuel distribution system regulated under COMAR 26.10.12; and
         2. (ii) A UST system with one or more field-constructed tanks regulated under COMAR 26.10.12;
      3. (c) A UST system containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C. §§2011—2296b-7); and
      4. (d) A UST system that is part of an emergency generator system at a nuclear power generation facility licensed by the Nuclear Regulatory Commission and subject to the Nuclear Regulatory Commission’s requirements regarding design and quality criteria including, but not limited to, 10 CFR Part 50.
   2. (2) An owner and an operator of a UST system that stores heating oil only for consumptive use are not subject to the requirements under COMAR 26.10.03.08, 26.10.05, 26.10.11, and 26.10.16.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-412, 4-415—4-419, 4-701 et seq., and 7-201 et seq.; State Government Article, §§10-206 and 10-226; Annotated Code of Maryland

Effective date: February 4, 1991 (18:2 Md. R. 151)

Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)

Regulation .01 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .02A, C amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .02C amended effective February 18, 2002 (29:3 Md. R. 224)

Regulations .03—.03-6 adopted as an emergency provision effective January 26, 2005 (32:4 Md. R. 404); emergency provision extended at 32:15 Md. R. 1315

Regulations .03—.03-6 adopted effective January 16, 2006 (33:1 Md. R. 37)

Regulation .03B amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .03-1 amended as an emergency provision effective July 5, 2006 (33:16 Md. R. 1362); emergency status expired December 31, 2006

Regulation .03-2F amended effective April 19, 2010 (37:8 Md. R. 621)

Regulation .03-4 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .04B amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 37); January 12, 2009 (36:1 Md. R. 25)

Regulation .05 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .06 amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 12, 2009 (36:1 Md. R. 25); April 19, 2010 (37:8 Md. R. 621)

Regulations .01—.06 repealed and new Regulations .01—.05 adopted effective June 13, 2022 (49:12 Md. R. 642)