1. A. After completing the installation or replacement, repair, or upgrade of a UST system, an owner and an operator of a UST system shall test the UST system for tightness using a precision tightness test as defined in COMAR 26.10.02.02B before operation of the UST system.
2. B. An owner and an operator of a UST system shall only conduct a precision tightness test approved by the Department.

3. C. For each precision tightness test conducted on a UST system, the owner and the operator of the UST system shall:

   1. (1) Maintain and make available for inspection by the Department upon request, records regarding a precision tightness test;
   2. (2) Keep the records on file at the regulated substance storage facility or at a location designated by and the under control of the owner and the operator of the UST system for as long as the UST system is used to store a regulated substance; and

   3. (3) Include in the records all of the following information:

      1. (a) The commercial name of the test equipment;
      2. (b) The name of the testing company;
      3. (c) The name of the individual conducting the test;
      4. (d) The date of the test;
      5. (e) The data accumulated by the test; and
      6. (f) The results of the precision tightness test.

4. D. Inconclusive Precision Tightness Test Results.

   1. (1) When a precision tightness test conducted on a UST system results in an inconclusive test result, the owner and the operator of the UST system shall retest the UST system not later than 2 working days after the inconclusive test result.
   2. (2) If a subsequent precision tightness test conducted on a UST system also results in an inconclusive test result, the owner and the operator of the UST system and the person conducting the precision tightness test shall report the test result as a failure to the Department within 2 hours in accordance with COMAR 26.10.08.01.
5. E. When a precision tightness test conducted on a UST system results in a failed test result, the owner and the operator of the UST system and the person conducting the precision tightness test shall report the failed test result to the Department within 2 hours in accordance with COMAR 26.10.08.01.

6. F. Consumptive Use UST Systems.

   1. (1) An owner and an operator of a consumptive use UST system shall comply with the requirements of §§A—E of this regulation.

   2. (2) Unless otherwise required by the Department, an owner and an operator of a consumptive use UST system are not required to conduct precision tightness tests on the consumptive use UST system at the frequency required under §F(3)(a) if the following conditions are met:

      1. (a) The UST system is protected against corrosion in accordance with the requirements of this chapter;
      2. (b) The UST system is installed in accordance with the requirements of this chapter; and
      3. (c) The owner and the operator of the UST system conduct monthly release detection monitoring of the UST system in accordance with COMAR 26.10.05.

   3. (3) If the conditions in §F(2) of this regulation are not met, an owner and an operator of a consumptive use UST system shall:

      1. (a) Conduct a precision tightness test on the UST system:

         1. (i) 15 years after the installation date for the UST system or, if the installation date cannot be determined, immediately; and
         2. (ii) At least every 5 years after the most recent precision tightness test; and
      2. (b) Conduct a precision tightness test on the UST system immediately upon receipt of a notice from the Department to conduct a precision tightness test.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, 4-701 et seq., and 7-201 et seq., 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 .01B amended effective June 29, 1998 (25:13 Md. R. 997)

Regulation .02 amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315

Regulation .02 amended effective January 16, 2006 (33:1 Md. R. 38); January 12, 2009 (36:1 Md. R. 25)

Regulation .03A amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .03A amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315

Regulation .03A amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .03D adopted effective June 29, 1998 (25:13 Md. R. 997)

Regulation .04B amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .04H adopted effective February 18, 2002 (29:3 Md. R. 224)

Regulation .04I adopted effective January 12, 2009 (36:1 Md. R. 25)

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

Regulation .07E amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .08 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. 38)

Regulation .09 amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .10 adopted effective January 16, 2006 (33:1 Md. R. 38)

Regulation .10 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulations .01—.10 repealed and new Regulations .01—.10 adopted effective June 13, 2022 (49:12 Md. R. 642)